78 


WU5 


CONDITIONS  ON  THE  FLATHEAD 

AND  FORT  PECK  INDIAN 

RESERVATIONS 

BY 

REV.  WILLIAM  H.  KETCH  AM 


->•  J5o£XruJ 

L  CXSY^  iJAJrYlS 


LL5 


CONTENTS. 
FL,ATHEAD  INDIAN  RESERVATION. 


PAGE 

1.  Letter  of  transmittal  from  Hon.  George  Vaux,  Jr.,  Chairman  of 

the  Board  of  Indian  Commissioners,  to  Hon.  Franklin  K.  Lane, 

Secretary  of  the  Interior   16 

2.  Recommendations   17-18 

3.  Relief  of  homestead  settlers    (S.   6373)    18-24 

4.  Change  of  policy  in  land  sales  and  leases   24-25 

5.  Homestead   entry  of   timber   lands    25-26 

6.  Permanent  reservation  of  timber  lands   26 

7.  Adequate   appropriation    for   irrigation    26-28 

8.  Irrigation,  1913-1914 28-29 

9.  Use  of  reimbursable  appropriations 29 

10.  Care  of  old  Indians  29-30 

11.  Special    appraisal    commission    30-31 

12.  General    comments     31-32 

13.  EXHIBIT  A— 

(a)  List  showing  entries  made  under  suspended  applications  in 

accordance  with  letter  "K"  and  difference  between  ap 
praised  valuations  fixed  by  second  commission  and  the 
highest  valuations  fixed  by  the  first  commission  on  simi 
lar  lands  32-33 

(b)  List  of  applications  and  entries  still  intact,   filed  between 

Aug.  26,  1910,  and  June  14,  1911,  Flathead  Indian  lands.     33-39 

14.  EXHIBIT  B— 

Affidavits   and    statements   of    applicants   illustrating    numerous 

controversies    39-52 

15.  EXHIBIT  C— 

Affidavits    and    statements    of    homestead    entrymen    who    made 
suspended    applications    under    letter    "K"    showing    date 
of   entry;   entrymen's   understanding   as   to   appraisal   and 
classification    of    the    land    entered ;    appraised    value    of 
similar   and    adjacent    lands,    etc 52-60 

16.  EXHIBIT  D— 

Letter  of  Mr.  C.  F.  Rathbone,  U.  S.  Commissioner  at  Ronan, 
Montana,  showing  his  belief  that  prices  fixed  by  first  com 
mission  would  govern  in  the  case  of  entries  made  under 
letter  "K"  61-62 

17.  EXHIBIT  E— 

Memorandum  of  a  bill  suggested  as  a  substitute  for  S.  6373 63-65 

18.  EXHIBIT  F— 

Letter  of  Hon.  H.  L.  Myers,  Chairman  of  Committee  on  Pub 
lic  Lands  of  the  United  States  Senate,  to  Mr.  F.  H.  Ab 
bott,  Secretary  of  the  Board  of  Indian  Commissioners..,  65 


INDEX. 

FL,ATHEAD  INDIAN  RESERVATION. 


PAGE 

Adequate    appropriation    for    irrigation    26-27 

Costs  should  be  charged  against  lands  benefited 27 

Delay  adds  to  burden  of   Indians    28 

History    of    irrigation    development    on    reservation 27 

Present    status    of    irrigation    project    28-29 

Status  of  white  entrymen  27 

Big  Arm  22 

Care  of  old  Indians   29-30 

Assisted  by  charity  of  Sisters,  Priests  and  traders HO 

Destitute  Indians  at   St.   Ignatius  and   Poison 29-30 

Hospital   facilities   needed    30 

Lack  of  proper  system  a  disadvantage  to  the  old  and  infirm 30 

Change  of  policy  in  land  sales  and  leases  24-25 

Advantage  to  land   speculators   under  present   system 24 

Homeseekers    eliminated    from    the    bidding 24 

Needed  for  minors  and  old  Indians 24 

Public  auction  and  installment  plan   recommended 24 

Short  leases,  defects  of    25 

EXHIBIT  A— 

List  showing  entries  made  under  suspended  applications  with  let 
ter  "K"    32-33 

List  of  applications  and  entries  still  intact,  filed  between  August 

28,  1910,  and  June  14,  1911,  Flathead  Indian  lands 33-39 

EXHIBIT  "B"— 

Affidavits  and  statements  of  applicants  illustrating  numerous  con 
troversies    39-40 

Statement  of   William   H.    Paine    40 

Statement  of  Chester  W.  Howe   42 

Statement  of  A.  L.  Grave 43 

Statement  of   E.   W.   McCoy    43-46 

Statement  of  S.  B.  Holmes  46 

Statement   of   Jas.    A.   Trow    47-48 

Statement  of  Eric  Mattison   48 

Statement  of  Jas.  West   48-49 

Statement  of  E.  N.  Stoughton 49 

Statement   of   J.    H.    Stevens    49 

Case   of    Patrick   Normandeau,    Jr 50 

Mr.  J.  H.  Stevens,  in  the  case  of  Andrew  L.  Olsen 50 

Statement   by    Charles   Allard    50 

Miscellaneous   statements  and  complaints    51 

Statement  of  H.   M.  Blair,  lessee  of   Indian  lands 51-52 


PAGE 

EXHIBIT  "C"— 

S.  B.  Allen,  Dayton,  Mont 52 

James   A.   McDavid    52 

Corwin  H.  Barnett,  Big  Arm,  Mont 53 

William  H.  Paine,  Big  Arm,  Mont 54 

Walter  C.  Hobbs,   Big  Arm,   Mont 54 

George  H.  Sparkling,  Elmo,  Mont 54 

John  N.   Marquis,   Elmo,   Mont 55 

Charles  E.  Trekell,  Big  Arm,   Mont 55 

Frank   Masterson,    Dayton,    Mont 55 

Rollo  T.  McAlester,  Elmo,  Mont 55 

Jesse  O.  Black,  Dayton,  Mont 55-56 

William  H.  Sabin 56-57 

Statement  of  Benj .  F.  Krantz 58 

Statement  of  Nathan  Hart   58 

Statement  of  Ben  Cramer   59 

Statement  of  Chas.   M.   Mansur    59-60 

Statement  of  Virgil  A.   Buchanan    60 

EXHIBIT  "D"— 

Letter  of  Mr.  C.  F.  Rathbone,  U.  S.  Commissioner  at  Ronan,  to 

F.   H.   Abbott,    Secretary   Board   of    Indian   Commissioners..  61-62 
EXHIBIT  "E"— 

Memorandum  of  a  Bill  suggested  as  a  substitute  for  S.  6373....  63-65 
EXHIBIT  "F"— 

Letter  of   Hon.   H.    L.    Myers,    Chairman   Committee   on    Public 

Lands,  U.  S.  Senate,  to  F.  H.  Abbott 65 

General    comments    31-32 

Adverse  conditions  caused  by  difficulties  of  land  appraisals  and 

classifications  31 

Boot-leggers    eliminated    31 

Glenn,  special  officer  31 

Homestead  entry  of  timber  lands    25-26 

Bill,  Senate  647,  recommended   25 

Ketcham,  Rev.  William  H.,  report  of 16 

Kutenai    Indians    29 

Lane,  Hon.  Franklin  K.,  letter  to 16 

Letter  "K"   20-22 

Morgan,  F.  C.,  Supt 31 

Myers,    Hon.    Henry   L 19-65 

Permanent   reservation   of   timber   lands    26 

Basis  for  encouraging  live-stock  industry   26 

Conditions   compared   with   California    Indians    26 

Conserving  the  timber    26 

Needed  for  landless  Indians   26 

Poison 22-29 

Rathbone,  C.  F 22 

Recommendations    17 

Appraisal    lands     18 


PAGE 

Appropriation  of  five  hundred  thousand  dollars  for  irrigation  pro 
ject    18 

Bill,  Senate  6373,  for  the  relief  of  homestead  settlers 17 

Bill,  Senate  647,  for  homestead  entries  on  timber  lands 18 

Consideration  of  hospitals  and  advantages  to  the  sick 18 

Increase  in  rations  for  dependent  old  and  infirm  Indians 18 

Leasing  and   selling  Indian   lands    17 

Limitation  of  reimbursable  loan  fund   18 

Need  of  change  in  policy   17 

Permanent   reservation   of   timber   lands    18 

Sale  or  lease  of  land  of  old  Indians 18 

Special   commission  to   classify   and   appraise   land 18 

Relief  of  homestead   settlers    18-19 

Entries  under  letter  "K"  of  unappraised  and  unclassified  lands..  19-20 

General   complications    21 

Lands  reserved   for  power  and   reservoir  sites 19 

Legislation    recommended    24,64,65 

Method  and  scope  of  investigation   22 

Relinquishment  of  original  allotments   19 

Restoration  of  relinquished  allotments  and  withdrawn  lands 19 

Second  appraisal   Commission  and   increased  prices 21 

Ronan    22 

Special   appraisal   Commission    30 

Controversies   regarding   classification   and   appraisal    30 

Discontinuance   of    reclassification   recommended 30 

Indian  funds  should  not  be  charged  with  costs  of  reappraisals..  30 

Present  values  of   Flathead   lands    31 

Reasons  why  representative  of  local  Indian  service  should  not  be 

member  of  Commission    31 

St.   Ignatius    22,29,30 

Use   of    reimbursable   appropriations    29 

Assets   of   reservation    29 

Benefits  of,  only  for  those  best  using  their  opportunities 29 

Vaux,  Jr.,  Honorable  George   16-17 

Whiteside,    Senator   F 22 


CONTENTS. 

FORT  PECK  INDIAN  RESERVATION. 


PAGE 

1.  Letter  of  transmittal  from  Hon.  George  Vaux,  Jr.,  Chairman  of 

the  Board  of  Indian  Commissioners,  to  Hon.  Franklin  K.  Lane, 

Secretary  of   the   Interior    68 

2.  Letter   of   transmittal   from   Rev.   William   H.    Ketcham,    member 

of  the  Board  of  Indian  Commissioners,  to  Hon.  George  Vaux, 

Jr.,   Chairman    69 

3.  Scope  of  investigation    70-72 

4.  General    conditions     72-76 

5.  Conferences  with  Indians  and  their  complaints 76-84 

6.  General  industrial  policy  needed  84-87 

7.  The  proposed   Missouri   River   gravity  canal    87-89 

8.  Methods  of  handling  Indian  money  and  property 89-92 

9.  Rations 92 

10.  Summary  of  recommendations  93 


INDEX. 
FORT  PECK  INDIAN  RESERVATION. 


PAGE 

Abbott,   Frederick   H 69,  93 

Big  Arm 69 

Big   Muddy   Creek 72 

Blair,    Mont 72 

Brady,   Chief   Clerk    70 

Brockton,    Mont 72 

Commons,  Allotment  Clerk   70 

Conferences   with    Indians   and   their   complaints 76-84 

Conditions  and  modes  of  living  as  shown  by  interviews  with  the 
following  Indians : — 

Arthur,  Chester 78 

Archdale,   James    82 

Blacktail,    Henry    79 

Broken,   Andrew    78, 82 

Brugier,  John   82 

Brugier,  William   82 

Charlie  Afraid-of-His-Tracks   79 

Clifford,   Red   Dog    82 

Crow,  Judge    77 

Dupree,  Peter   82 

Feather  Earring  77 

Flying   Shield    77 

Four   Eagle    77 

Hale,    Nick    82 

Harrison,  Clement 82 

Hayne,    Paul    79,82 

Henry   Headdress    82 

Howard    Iron    Bear    77 

Howard   Iron    Leggings    77 

Jackson   Big   Horn    78 

Jones,    Charles    77 

Johnson,    David    82 

Lavatta,   Louie    82 

Mitchell,    Dan    82 

Mitchell,    Martin 78 

Plenty  Holes   76 

Thompson,    Charles    78, 82 

Delegation  of  Indians,  visit  from   72 

Determination  of  heirs  of  decreased  allottees  79 

Increased  rations  for  old  Indians 79 

Indian  settlement  visited    70 

11 


PAGE 

Industrial   conditions   among    Indians    80-81 

Oppose  use  of  tribal  moneys  to  reimburse  government  for  expendi 
tures    for    irrigation    79 

Use  of  tribal  funds  in  purchase  of  live  stock  79 

Connor,    R.    M 71 

Eddy,    J.    R.,    Supt 73 

Evans,    Rev.    Mr 72 

Frazer,  Mont 70 

General    conditions     72-76 

Agricultural  conditions  contrasted  with  those  of  five  years  ago..  72-73 

Education,    belief    in    74 

Efficiency   of    Supt.   Lohmiller    and    employes    73 

Grazing   funds   for   industrial  purposes    73 

Improvements    in    five   years 73 

Liquor  traffic,  suppression  of    74 

Poultry  raising  under  direction  of  Mrs.  Patton   74 

Reimbursable  appropriations,   discussion   of    73 

Religion    of    Indians    74 

General   industrial   policy   needed    84-87 

Income  from  sale  of  surplus  lands  recommended,  use  of 85 

Live   stock   industry   recommended    for   all    Indians 85-86 

Live   stock,    regulations    to   prevent   killing   and    selling   of 85-86 

Live  stock,  killing  of,  by  railroads   83 

Open    range    conditions    changed     ; 85 

Opening    to    white    settlement,    influence    of 84 

Reimbursable  loan   fund,   proper  use  of    85-86 

Relation    of    irrigation    85-86 

Repayment  of  tribal  funds   for  benefit  of  individual  Indians 78-79 

Grazing   leases    79 

Objection  to,  by   Indians    79 

Hayne,    Paul    71 

Health   policy,    Indian    79 

Vindication  of    79 

Hogshead,  Mr 71 

Irrigation    projects     71-72 

Ketcham,    Rev.   Wm.   H 68,69 

Lane,  Hon.  Franklin  K.,  letter  to,  from  Hon.  George  Vaux,  Jr.,  Chair 
man  Board  of   Indian   Commissioners    68 

Liquor  traffic,  suppression  of   71,  74,  83,  84 

Badges  recommended  for  liquor  suppression  officers   84 

Efficient  control  needed    83 

Logan,   Supt 73 

Lohmiller,    C.   B.,    Supt 70-73,  83 

Methods  of  handling  Indian  money  and  property 71,89-90 

"Indian    moneys,    proceeds    of    labor" 90-91 

Loan  to  deserving  Indians  recommended    90-91 

Objections  to  present  use  of   89-90 

Plan    for    supervising    live    stock    recommended    91-92 

12 


PAGE 

Rations  for  old  Indians,  use  of  recommended  91 

Missouri  River  gravity  canal,  the  proposed   78,  87,  88 

Complaint  and  objections  to,  by  Indians   87 

Distribution    of    irrigated    lands    88-89 

Location    of    87 

Reclamation  of  land  by  irrigation  88 

Unit  plan   for  completion   recommended    87-88 

New  born  children,  recent  allotment  of   sixty-seven  thousand  acres 

to     70, 75 

Patton,    Clyde     70,  72,  74,  83,  84 

Patton,    Mrs.   Clyde    74 

Poison,    Mont 69 

Poplar,  Mont 71,  72,  75 

Poplar  River   72 

Presbyterian  Mission  school  at  Wolf  Point  71,  76 

Rations           72,  77,  78,  79,  82,  92 

Plan   for  supplying,   recommended    92 

Reclamation    Service    74-75 

Assistance  to  Indians  74,  76 

Cooperation    with   local    Indian    service    75 

Porcupine    proj  ect    75 

Wages   paid  by 75 

Reynolds,    Supt 73 

Roth,  Burton  F 70,  72 

School  conditions  at  Blair   76 

Scope   of   investigation    70, 72 

Smith,   Miss    (teacher)    76 

Summary  of  recommendations  93-94 

Wolf    Point    70-71 

Vaux,   Hon.  George,  Jr 68 


REPORT 


U:PON  THE 


CONDITIONS  ON  THE   FLATHEAD 
INDIAN  RESERVATION 


By  REV.  WILLIAM  H.  KETCHAM, 
Member  Board  of  Indian  Commissioners 

u  -c^ 


WASHINGTON.  D.  C. 
1915 


December  30,  1914. 
MY  DEAR  MR.  SECRETARY  : 

I  take  pleasure  in  transmitting  herewith,  with  my  approval, 
a  report  of  an  investigation  of  conditions  on  the  Flathead  Indian 
Reservation,  by  Rev.  William  H.  Ketcham,  member  of  the  Board 
of  Indian  Commissioners. 

A  copy  of  the  part  of  this  report  relating  to  S.  6373  is  also  being 
sent  to  the  Chairman  of  the  Senate  Committee  on  Public  Lands, 
at  his  request. 

Cordially  yours, 

(Signed)   GEORGE  VAUX,  JR., 

Chairman. 

Honorable  Franklin  K.  Lane, 
Secretary  of  the  Interior, 
Washington,  D.  0. 


Report   upon   the  Conditions  on  the  Flathead   Indian 

Reservation 


By  REV.  WILLIAM  H.  KETCHAM 

December  16,  1914. 
HONORABLE  GEORGE:  VAUX,  JR., 

Chairman,  Board  of  Indian  Commissioners, 

Philadelphia. 
SIR: 

Acting  under  your  authorization  and  in  conformity  with  a  Reso 
lution  of  the  Board  of  Indian  Commissioners,  I  have  visited  the 
Flathead  Indian  Reservation,  accompanied  by  the  Board's  secre 
tary,  to  study  conditions  generally  and  in  partciular  to  investigate 
needs  in  connection  with  the  irrigation  and  sale  of  surplus  Indian 
lands  upon  the  said  reservation. 

In  order  to  gain  accurate  and  first-hand  information  on  these 
subjects  I  visited  a  number  of  Indians  in  their  homes,  consulted  the 
field  representatives  of  the  Indian  Bureau  and  the  Reclamation 
vService,  conferred  with  a  hundred  or  more  homestead  settlers  and 
business  men  and  made  a  personal  inspection  of  the  larger  portion 
of  the  agricultural  and  irrigable  area  of  the  reservation. 

The  most  important  needs  of  the  situation  as  they  appear  to 
me  are  respectfully  submitted  in  the  following  report  and  recom 
mendations  : 

Recommendations. 

First. — The  enactment  into  law  of  S.  6373,  subject  to  certain 
amendments,  which  are  presented  in  a  separate  memorandum  here 
with.  This  Bill  provides  for  the  relief  of  homestead  settlers  by 
the  government  without  cost  to  the  Indians,  on  account  of  losses 
suffered  by  said  settlers  resulting  from  widely  different  appraisals 
of  similarly  located  land  contemporaneously  settled  and  of  equal 
value.  A  full  justification  of  this  recommendation  will  be  found 
under  a  separate  head  in  this  report. 

Second. — A  change  in  the  present  policy  of  leasing  and  selling 
Indian  lands.  There  should  be  substituted  for  the  present  sealed 
bid  system,  sales  by  public  auction  and  on  the  deferred  payment  plan 
where  the  condition  of  the  Indian  owner  is  not  such  as  to  absolutely 
require  cash  sale.  Leases,  especially  those  on  irrigable  lands  owned 


18 

;-:  •    ;  >;  ^ 

by  old  or  infirm  Indians  should  be  made  for  a  period  of  at  least 
five  years  and  the  law  should  be  changed  so  as  to  make  possible 
the  lease  of  lands  for  at  least  ten  years  in  some  cases.  This  recom 
mendation  will  also  be  discussed  at  length  at  another  place  in  this 
report. 

Third. — The  enactment  of  S.  047,  a  Bill  providing  for  home 
stead  entries  on  sparsely  timbered  lands  adapted  to  agriculture  or 
horticulture. 

Fourth. — The  permanent  reservation  of  timber  lands  on  the  res 
ervation  for  the  grazing  of  Indian  stock. 

Fifth. — An  appropriation  of  $500,000  annually  for  irrigation  until 
the  irrigation  projects  on  the  reservation  are  completed.  The  appro 
priations  to  be  reimbursed  in  accordance  with  conditions  and  recom 
mendations  submitted  by  the  legislative  committee  of  the  Board 
to  the  Senate  Committee  on  Indian  Affairs,  G3d  Congress,  2d  Session. 

Sixth. — Special  attention  to  the  sale  or  lease  of  the  land  of  de 
pendent  old  or  infirm  Indians  and  the  use  of  the  proceeds  for  their 
benefit. 

Seventh. — Doubling  of  the  present  ration  for  wholly  dependent 
old  or  infirm  Indians. 

Eighth. — The  limitation  of  the  reimbursable  loan  fund  to  Indians 
who  have  shown  a  willingness  and  a  capacity  to  help  themselves  by 
their  own  efforts. 

Ninth. — Construction  of  hospitals  and  more  systematic  attention 
to  the  sick  as  well  as  to  the  old  and  infirm. 

Tenth. — A  special  commission  to  settle  definitely  and  finally  all 
contests  and  disputes  concerning  classification  and  appraisal  of  lands. 

Relief  of  Homestead  Settlers  (S.  6373). 

It  is  difficult  in  brief  space  to  set  out  clearly  the  situation  that 
has  developed  in  connection  with  the  opening  to  settlement  of  the 
surplus  lands  of  the  Flathead  Indian  Reservation.  The  confusion 
and  complications  could  hardly  be  more  and  greater  than  they  have 
been.  The  files  of  the  Interior  Department  contain  much  conflict 
ing  correspondence  with  field  representatives  of  the  Indian  Bureau 
and  homestead  settlers  on  the  surplus  lands ;  numerous  requests 
for  re-classification  and  re-appraisal  of  homestead  entries  and  re 
ports  thereon ;  bills  have  been  introduced  to  relieve  the  situation 
and  have  met  with  adverse  reports  from  the  Department  of  the 
Interior,  and  a  complicated  situation  has  gradually  grown  more 
complicated.  In  an  attempt  to  adjust  the  difficulties,  a  Bill,  S.  6373 


19 

submitted  herewith,  was  introduced  by  Senator  Myers  of  Montana, 
Chairman  of  the  Committee  on  Public  Lands  and  was  referred 
to  the  Board  of  Indian  Commissioners  with  request  "for  such  sug 
gestion  or  other  information  as  they  may  be  able  to  offer  with  re 
spect  to  the  same."  (See  letter  of  Senator  Myers  under  date  of 
August  24,  1914,  exhibit  "F.")  The  difficulties  appear  to  have  arisen 
chiefly  from  the  following  facts : 

First. — About  21,000  acres  of  agricultural  lands  originally  allotted 
to  Indians  under  the  Act  of  April  23,  1904  (33  Stat.,  L.  302),  were 
subsequently  relinquished  by  them  and  allotments  selected  else 
where.  These  relinquished  allotments,  under  the  terms  of  the 
President's  proclamation  which  opened  the  reservation  lands  to 
settlement,  became  subject  to  homestead  entry  on  November  2,  1910. 
These  lands  being  Indian  allotments  at  the  time  of  the  appraisal 
of  lands  by  the  first  Commission  of  1908,  were  not  appraised  by 
said  Commission,  but  were  included  in  a  subsequent  appraisement 
approved  October  13,  1913,  in  accordance  with  the  Act  of  June  25, 
1910  (36  Stat.  L.,  863). 

Second.— Under  the  Act  of  March  3,  1909  (35  Stat.,  795),  ap 
proximately  50,000  acres  were  also  withdrawn  from  settlement  and 
reserved  for  proposed  water  power  and  reservoir  sites  by  letters 
of  the  Secretary  of  the  Interior  dated  April  21,  1909,  February 
23,  1910,  April  28,  1910,  December  8,  1913,  and  December  7, 
1914.  A  considerable  portion  of  these  lands  so  withdrawn  were 
released  from  reservation  by  letters  of  the  Secretary  of  the  Interior 
under  date  of  March  23,  1910,  August  15,  1912,  September  25, 
1911,  December  22,  1913,  May  12,  1914,  June  29,  1914,  August  29, 
1914,  October  21,  1914,  and  October  26,  1914.  Indians  had  selected 
allotments  approximating  7,000  acres  within  the  areas  thus  reserved 
for  water  power  and  reservoir  sites.  To  provide  for  lieu  allot 
ments  for  these  Indians  other  lands  were  temporarily  withdrawn 
from  settlement  and  reserved. 

Third. — The  relinquished  allotments  and  some  of  the  lands  with 
drawn  and  reserved  for  lieu  allotments  and  water  power  and  res 
ervoir  sites,  above  mentioned,  were  subsequently  restored  to  home 
stead  entry  and  settlement  by  the  Secretary  of  the  Interior.  These 
restored  lands  naturally  were  unclassified  and  unappraised  and 
the  Commission  which  made  the  original  appraisal  in  1908  had 
disbanded  and  ceased  to  have  any  legal  existence. 

Fourth. — The  President's  proclamation  opening  the  surplus  lands 
to  settlement,  promulgated  on  May  22,  1909,  provided  for  entry 
by  numbers  prior  to  September  1,  1910,  but  that  "all  of  said  lands 


20 

which  have  not  then  been  entered  under  this  proclamation  will 
become  subject  to  settlement  and  entry  under  the  general  provisions 
of  the  homestead  laws  and  the  said  Acts  of  Congress."  Before 
the  date  for  the  opening  under  the  President's  proclamation,  it  was 
apparent  that  there  would  be  more  numbers  presented  than  there 
were  tracts  of  appraised  and  classified  lands  on  the  reservation 
open  to  settlement  and  that  there  would  be  a  demand  for  the  un- 
appraised  and  unclassified  tracts  previously  withdrawn  but  subse 
quently  restored.  Instead  of  hastening  to  a  conclusion  the  classi 
fication  and  appraisal  of  these  lands  at  the  time  and  prior  to  entry, 
which  would  have  avoided  the  later  confusion  and  misunderstand 
ing,  but  which  it  was  decided  could  not  be  done  under  the  Act  of 
1904  above  mentioned,  the  Appraisal  Commission  which  had  been 
appointed  under  that  Act  having  made  its  report  and  disbanded, 
the  General  Land  Office,  in  order  to  accommodate  as  many  as 
possible  of  the  applicants  for  lands,  pending  the  classification  and 
appraisal  of  said  lands  under  the  Act  of  June  25,  1910  (36  Stat.  L,., 
863),  issued  the  following  letter,  known  and  designated  generally 
as  letter  "K" : 

WASHINGTON,  D.  C,  August  26,  1910. 

UNAPPRAISED  LANDS  IN 

FX  AT  HE  AD    INDIAN    RESERVATION  : 

REGISTER  AND  RECEIVER, 

Kalispell,  Mont. 
SIRS  : 

It  appears  that  there  are  a  number  of  unappraised  and  unclassified  tracts 
in  the  Flathead  Indian  Reservation.  These  tracts  cannot  be  entered  until 
the  lands  have  been  formally  classified  and  appraised.  You  will,  however, 
with  consent  of  the  applicant,  receive  applications  to  enter  such  tracts  and 
suspend  the  applications  until  the  lands  have  been  duly  classified  and  ap 
praised. 

Very  respectfully, 

FRED  DENNETT, 

Commissioner. 

A  similar  letter  was  sent  to  the  Missoula  office.  Acting  under  the 
advice  of  this  letter,  about  200  settlers  made  suspended  applications 
on  unclassified  and  unappraised  lands  within  the  Flathead  Indian 
Reservation  pending  classification  and  appraisal.  Furthermore,  a 
list  of  the  timber  schedule  was  not  furnished  to  the  local  land 
officers  till  December  20,  1910,  and  consequently  was  not  received 
in  the  local  land  office  until  about  December  23.  The  unreserved 
and  unentered  lands  were  opened  to  settlement  and  entry  at  the 
local  land  office  on  November  2,  1910,  and  in  consequence  of  letter 


21 

"K"  of  August  20,  1910,  a  number  of  applications  were  filed  and 
suspended  in  the  local  office  awaiting  appraisement,  involving  lands 
actually  classified  as  timber  lands. 

Fifth.— On  June  25,  1910  (3G  Stat.  L.,  863),  Congress  granted 
the  Secretary  of  the  Interior  authority  to  classify  and  appraise  the 
previously  unclassified  and  unappraised  lands  on  the  Flathead  Indian 
Reservation  and  the  appraising  Commission  appointed  by  authority 
of  the  above  Act  did  not  complete  its  report  until  about  September 
1,  1913.  By  the  time  the  Commission  began  its  work  a  general  land 
boom  was  on  and  prices  had  increased  to  such  an  extent  that  this 
second  Commission,  taking  into  consideration  nearness  of  land 
to  market  and  increased  values  owing  to  the  cultivation  and  im 
provements  on  adjoining  land,  appraised  land  from  $1.00  to  $30.00 
an  acre,  whereas  similar  and  often  immediately  adjacent  lands 
entered  and  settled  at  identically  the  same  time  had  been  appraised 
by  the  first  Commission  in  1908  at  from  10  cents  an  acre  for  barren 
land  to  $7  an  acre  for  agricultural  lands  of  the  first  class,  and  all 
of  the  settlers  who  had  made  entry  under  suspended  applications 
in  accordance  with  so-called  letter  "K"  were  called  upon  to  pay 
the  prices  fixed  by  the  second  Commission,  notwithstanding  the  fact 
that  these  applicants  were  practically  all  bona  fide  settlers,  whereas 
many  of  the  "number"  entry  men  who  made  settlement  at  the  same 
time  were  probably  not  bona  fide  home  seekers.  The  difference  be 
tween  the  appraisal  of  the  second  Commission  on  this  class  of  lands 
and  the  highest  prices  for  similar  lands  fixed  by  the  first  Commission, 
viz.,  $?'  an  acre  for  first  class  agricultural  land;  $3.50  an  acre  for 
second-class  agricultural  land,  and  $1.50  an  acre  for  grazing  land, 
is,  according  to  the  records  of  the  General  Land  Office,  less  than 
$25,000.  See  lists  of  lands  entered  on  suspended  applications  tin 
der  letter  "K"  and  computation  of  differences  in  the  appraisals, 
attached  (exhibit  "A"). 

Sixth. — There  are  many  other  complications  on  this  reservation 
which  directly  or  indirectly  affect  the  Indians  resulting  from  con 
troversies  over  the  appraisal  of  timber  on  lands  which  settlers  desire 
to  clear  and  utilize  for  farms  or  orchards.  Other  complications 
have  grown  out  of  the  continued  residence  of  settlers  on  rejected 
entries  within  power  or  reservoir  sites  or  lands  reserved  for  lieu 
allotments  to  Indians.  For  the  purpose  of  this  report  these  classes 
of  complications  need  not  have  extensive  consideration,  but  affi 
davits  and  statements  of  a  number  of  applicants  are  submitted  here 
with  for  purposes  of  illustration  and  to  show  the  need  of  a  special 
Commission  to  settle  this  class  of  controversies.  (See  exhibit  "B"). 


22 

In  order  to  get  at  the  heart  of  the  matter,  I  requested  State  Sena 
tor  F.  Whiteside  of  Kalispell,  who  had  volunteered  his  assistance 
in  the  premises,  to  arrange  with  settlers  interested  in  the  enactment 
of  S.  6373  to  meet  me  at  St.  Ignatius,  Ronan,  Poison  and  Big 
Arm,  all  being  centers  of  the  principal  settlements  on  the  Flathead 
Indian  Reservation.  At  the  above  places  more  than  one  hundred 
settlers  were  interviewed  either  by  me  or  by  the  Board's  secretary 
and  statements  from  a  number  which  are  typical  of  all  the  others 
were  taken. 

It  became  evident  at  the  beginning  of  my  investigation  that  there 
are  two  questions  which  constitute  the  crux  of  the  whole  matter. 
First,  whether  the  settlers  who  occupied  unclassified  and  unap- 
praised  lands  on  this  reservation  had,  in  fact,  any  reasonable  or 
justifiable  right  to  entries  at  prices  similar  to  those  fixed  by  the 
first  appraisal  Commission ;  Second,  whether  such  claim,  if  reason 
able  and  justifiable,  should  be  satisfied  by  an  arbitrary  reduction 
in  the  appraisal  and  thereby  a  decrease  in  the  amounts  to  be  paid 
to  the  Flathead  Indians,  or  whether  said  claim  should  be  paid  out 
of  the  treasury  of  the  United  States. 

The  evidence  submitted  at  the  hearings  above  mentioned  is  over 
whelming  and  convincing  beyond  the  shadow  of  doubt  that  the 
settlers  on  the  unclassified  and  unappraised  lands  of  the  Flathead 
Indian  Reservation  who  made  suspended  applications  under  letter 
"K"  had  every  reason  to  believe  and  every  right  to  expect  that 
classification  and  appraisal  of  the  lands  entered  by  them  would 
be  prompt  and  that  the  prices  of  said  appraisal  would  not  exceed 
prices  fixed  for  similar  lands  by  the  first  appraisal  Commission. 
Letter  "K"  itself,  from  the  Commissioner  of  the  General  Land 
Office,  when  considered  in  connection  with  the  general  practice 
of  the  government  in  fixing  in  advance  a  definite  price  of  lands 
opened  to  settlement  was  a  sufficient  inducement  to  warrant  this 
belief  on  the  part  of  entrymen.  Conclusive  evidence  on  this  point 
is  contained  in  the  affidavits  and  statements  of  settlers  of  this  class 
which  you  are  particularly  advised  to  read.  (See  exhibit  "C."). 

That  this  same  view  was  held  by  the  local  representatives  of  the 
General  Land  Office  and  by  the  United  States  Commissioners  before 
whom  settlers  appeared  to  make  final  proof  is  shown  by  the  letter 
of  Mr.  C.  F.  Rathbone,  United  States  Commissioner  at  Ronan, 
Montana.  (See  exhibit  "D.") 

Words  too  strong  cannot  be  found  to  express  my  conviction  that 
these  settlers  should  be  permitted  to  make  proof  on  their  entries 
on  the  basis  of  the  top  prices  fixed  on  similar  lands  by  the  first 
appraisal  Commission.  For  the  government  to  insist  upon  more 


23 

in  the  light  of  all  the  circumstances  and  the  facts  would,  in  my  judg 
ment,  be  unfair.  A  private  corporation  selling  lands  and  holding  out 
inducements  similar  to  those  held  out  by  the  government  in  the 
opening  of  the  lands  of  this  reservation  to  settlement  could  un 
doubtedly  be  compelled  in  the  Courts  under  similar  circumstances 
to  do  what  these  settlers  are  asking  the  government  to  do  for  them. 
For  the  government  to  adhere  to  its  present  demands  upon  these 
settlers,  would  not  only  be  unjust,  but  would  undoubtedly  force 
a  large  number  of  them  to  forfeit  everything  they  have  invested 
in  improvements,  together  with  their  four  years  of  work  on  their 
lands.  Many  of  them  settled  upon  so-called  farm  units  and  ex 
pected  that  water  would  be  placed  on  their  lands  for  irrigation 
purposes.  Water  has  not  been  made  available  to  them  and  will  not 
be  perhaps  for  years  to  come.  They  have  had  repeated  crop  fail 
ures;  many  of  them  have  spent  all  the  earnings  of  previous  years 
which  they  brought  with  them  to  the  country,  and  have  borrowed 
money  to  the  full  limit  of  their  credit,  with  the  hope  of  holding 
on  till  they  get  water  or  until  climatic  conditions  may  change  to 
their  benefit;  they  have  used  their  homestead  right  and  cannot  go 
elsewhere  on  the  public  domain  to  exercise  it.  The  question  may 
be  raised  as  to  whether  the  government  should  open  Indian  reser 
vations  under  the  homestead  laws.  The  Flathead  experiment  shows 
conclusively  that  no  entries  should  be  permitted  on  unappraised  and 
unclassified  lands  and  no  entries  on  irrigable  lands  under  so-called 
"farm  units"  prior  to  the  completion  of  the  irrigation  projects. 

On  the  other  hand,  the  Indians  are  clearly  entitled,  under  the 
Act  of  1904,  heretofore  referred  to,  to  receive  the  appraised  valua 
tion  of  their  lands  regardless  of  the  time  when  that  appraisal  is  made 
and  it  would  be  unjust  and  probably  illegal  to  compel  the  Indians  to 
accept  a  price  lower  than  the  price  fixed  by  the  appraisal  Commis 
sion.  The  delay  of  the  government  in  completing  classification  and 
appraisal  of  the  lands  withdrawn  for  various  purposes,  a  delay  for 
which  Congress  is  partly  responsible,  has  worked  a  hardship  and 
loss  to  the  Indians  by  depriving  them  of  an  earlier  payment  for 
their  lands,  a  consideration,  which,  though  small,  is  worth  noting. 
Senate  Bill  5761,  introduced  on  June  5,  1914,  which  provided  for 
eliminating  the  appraisal  of  the  second  commission  and  fixing  a 
definite  maximum  price  per  acre  for  the  unappraised  and  unclassi 
fied  lands  entered,  left  out  of  consideration  the  legal  right  and 
equities  of  the  Indians  and  the  Secretary  of  the  Interior  could  do 
nothing  else  in  justice  to  the  Indians  than  to  report  adversely  on 
that  Bill  as  he  did  under  date  of  June  27,  1914. 


24 

Boiling  the  matter  down,  the  Indians  would  appear  to  have  a 
just  claim  against  the  government  if  the  actual  appraised  price 
is  not  paid  for  these  lands,  while  the  settlers  referred  to  would 
have  a  similarly  just  claim  if  they  are  compelled  to  pay  more  than 
the  prices  fixed  by  the  first  commission.  These  conclusions  appear 
to  be  so  clearly  established  from  the  record  and  the  amount  involved 
so  small,  comparatively,  that  I  do  not  hesitate  to  recommend  as 
a  just  and  satisfactory  solution,  that  Congress  enact  S.  6373,  subject 
to  the  amendments  suggested.  (See  exhibit  "E.") 

Change  of  Policy  in  Land  Sales  and  Leases. 

Extensive  discussion  of  this  subject  is  unnecessary.  Many  minors 
and  old  Indians  on  the  reservation  are  physically  unable  to  farm 
their  allotments.  Old  Indians  who  have  no  other  means  of  sup 
port  ought  to  be  permitted  to  sell  their  lands  and  to  live  from 
the  proceeds  thereof,  or  where  possible,  to  make  leases  on  satis 
factory  terms.  There  are  also  many  so-called  dead  allotments  on 
this  reservation  which  have  been  offered  for  sale.  Recently  there 
has  been  comparatively  small  demand  for  these  lands.  An  offer 
ing  of  some  80  tracts  a  short  time  before  my  visit  resulted  in  only 
three  sales.  The  policy  has  been  to  sell  these  lands  under  the  sealed 
bid  system  in  accordance  with  the  regulations  of  the  Indian  Office. 
I  am  not  prepared  to  criticise  this  policy  as  it  has  been  applied  in 
the  past,  but  I  am  convinced  that  it  is  time  for  a  change.  Under 
that  system,  only  land  speculators,  generally  speaking,  are  induced 
to  bid.  The  requirement  of  a  deposit  at  the  time  of  making  the 
bid ;  the  uncertainty  of  its  being  the  highest  bid ;  the  frequent  delay 
in  completing  the  purchase  after  the  bidding,  complicated  sometimes 
by  the  Indian's  change  of  mind  when  he  is  finally  called  upon  to 
execute  a  deed ;  the  practical  limitation  of  the  bidder  of  small 
means  to  one  tract  of  land — all  working  together,  effectually  elimi 
nate  the  home  seeker  from  the  bidding  on  these  lands.  Larger  prices 
would  be  obtained  by  increasing  competition,  and  competition,  I 
believe,  can  be  increased  and  actual  settlers  attracted  by  offering 
these  surplus  lands,  in  all  cases  where  practicable,  for  sale  in  five 
annual  installments  and  by  selling  the  lands  at  public  auction  instead 
of  under  sealed  bids.  A  definite  agreement  should  be  had  with 
each  Indian  in  advance  of  sale  and  the  terms  of  sale,  the  minimum 
price  at  which  he  would  be  willing  to  sell,  all  agreed  upon  in  writing 
by  him.  In  some  cases,  the  condition  of  the  Indian,  of  course, 
would  require  cash,  but  in  most  cases,  especially  of  inherited  lands 
and  in  the  case  of  lands  of  old  Indians,  the  deferred  payment  plan 


25 

would  not  only  result  in  higher  prices,  but  be  better  for  the  Indian 
who  would  need  to  have  his  money  for  his  support  from  year  to 
year.  Short  leases  also  tend  to  discourage  adequate  rentals,  tend 
to  retard  development  and  to  keep  away  from  the  land  settlers 
of  the  best  sort.  The  cost  of  breaking  the  sod,  of  leveling  the  land 
for  irrigation,  if  it  is  irrigable  land,  and  of  preparing  the  land  for 
crops,  is  expensive  and  no  returns  can  be  expected  by  the  lessee 
until  the  second  year,  and  very  little  then.  A  lease  on  new  land 
covering  a  period  of  only  two  or  three  years  or  even  five  years, 
therefore,  cannot  be  expected  to  bring  satisfactory  returns  to  the 
Indian  lessor,  nor  to  encourage  the  best  methods  of  husbandry.  The 
present  law  permits  five-year  leases.  These  should  be  encouraged 
in  the  cases  I  have  mentioned  and  I  am  convinced  there  would  be 
advantage  in  changing  the  law  so  as  to  permit  leases  of  ten  years 
to  be  made. 

Homestead  Entry  of  Timber  Lands. 

Senate  Bill  647,  calendar  No.  650,  has  been  recommended  both 
by  the  present  Secretary  of  the  Interior  and  by  his  predecessor. 
Briefly,  it  provides  that  the  Secretary  of  the  Interior  may  have 
the  discretion  to  open  to  agricultural  entry  timber  lands  on  the 
Flathead  Reservation  having  agricultural  or  horticultural  value 
whenever  it  appears  that  the  best  interests  of  the  Indians  would  be 
served  by  such  action.  The  wisdom  of  this  measure  is  self-evident 
and  needs  no  argument  to  support  it.  I  am  informed  that  among 
the  most  valuable  lands  on  this  reservation  for  agricultural  and 
horticultural  purposes  are  those  timber  lands  along  Flathead  Lake 
on  the  high  benches  where,  when  the  timber  is  cleared  away,  fruit 
trees  thrive  and  where  crops  grow  without  irrigation.  Under 
existing  law,  the  timber  is  first  advertised  and  sold  to  the  highest 
bidder  and  the  land  does  not  become  subject  to  entry  till  the  timber 
is  removed.  These  sparsely  timbered  tracts  are  isolated,  and  for 
that  reason  no  lumber  company  cares  to  make  a  bid  for  the  timber. 
No  one  other  than  the  owner  of  a  sawmill  would  want  the  timber, 
consequently  no  bids  are  received  for  the  same,  the  timber  is  not 
removed,  and,  therefore,  the  land  cannot  be  entered  as  agricultural 
lands.  If  S.  647  becomes  a  law,  the  entryman  will  be  permitted 
to  pay  the  appraised  value  of  the  timber  and  make  entry  of  the 
land  at  the  same  time,  and  he  will  have  the  privilege  of  entering 
the  land  and  keeping  the  timber  standing  to  be  subsequently  used  for 
fuel,  fence  posts,  etc.  Under  the  proposed  law  the  appraised  value 


26 

of  the  timber  is  much  more  likely  to  be  secured  by  the   Indians 
than  under  the  present  method. 

Permanent  Reservation  of  Timber  Lands. 

One  does  not  have  to  be  endowed  with  powers  of  prophecy 
to  foresee  the  time  in  no  distant  future  when  a  large  portion  of  the 
allotted  Indian  lands  on  the  Flathead  Reservation,  especially  those 
allotted  to  full  blood  Indians,  will  be  in  white  ownership  and  the 
present  Indian  owners,  many  of  them,  will  be  landless  and  unable 
to  support  themselves. 

This  class  will  be  increased  by  the  children  born  on  this  reserva 
tion  since  the  rolls  were  closed.  Every  foot  of  surplus  unallotted 
agricultural  land,  meanwhile,  will  have  been  purchased  by  white 
men.  What  then  is  to  become  of  the  landless  Indian  population? 
Unless  some  steps  are  taken  now  to  provide  for  this  class,  the  con 
dition  will  be  similar  to  that  which  now  prevails  throughout  Cali 
fornia,  and  Congress  will  be  called  upon  to  purchase  lands  for  home 
less  Flathead  Indians.  The  timber  lands  on  this  reservation,  if 
properly  conserved  and  utilized,  offer  a  partial  remedy.  These 
lands,  while  not  the  most  desirable  for  grazing  purposes,  never 
theless  when  the  timber  is  sold  and  removed,  will  produce  more 
grass  and  forage  for  live  stock  than  they  do  now,  and  many  of 
the  Indians  may,  with  proper  encouragement,  become  stock  raisers 
and  make  at  least  a  partial  living  by  running  their  stock  in  the 
tribal  timber  lands.  Every  effort,  therefore,  toward  a  further  re 
duction  of  the  area  of  this  reservation  by  disposing  of  the  timber 
lands  should  be  discouraged  and  steps  should  be  taken  now  toward 
adapting  these  lands  to  the  use  of  Indian  herds  and  the  non-farm 
ing  Indians  encouraged  to  build  up  herds  of  live  stock.  Care 
should  be  taken  also  in  the  disposal  of  this  body  of  timber,  to  pre 
vent  the  destruction  of  the  water  sheds,  so  important  to  the  success 
of  agriculture  throughout  that  entire  section  of  the  country.  For 
the  purpose  of  purchasing  live  stock  in  accordance  with  this  recom 
mendation  ample  tribal  funds  will  be  available  from  the  proceeds 
of  the  sale  of  surplus  lands,  provided  the  legislation  recommended 
by  the  Board  of  Indian  Commissioners  for  reimbursing  the  costs 
of  irrigation  on  this  reservation  is  adopted  by  Congress. 

Adequate  Appropriation  for  Irrigation. 

The  Board  of  Indian  Commissioners,  last  year,  before  the  Senate 
Committee  on  Indian  Affairs,  recommended  an  appropriation  of 


27 

$500,000  for  a  continuation  of  irrigation  projects  on  this  reservation 
upon  condition  that  the  costs  be  charged  against  the  lands  benefited, 
as  provided  in  the  so-called  "Myers  amendment"  to  the  Indian 
Bill,  63d  Congress,  2d  Session.  I,  therefore,  need  not  attempt  to 
justify  at  length  this  recommendation,  especially  since  the  special 
Commission  appointed  by  the  Commissioner  of  Indian  Affairs  to 
look  into  this  subject  made  a  similar  recommendation  in  its  report 
under  date  of  September  4,  1914.  However,  it  is  evident  that  con 
siderable  misunderstanding  and  misinformation  has  gained  currency 
respecting  the  development  of  irrigation  on  this  reservation.  I, 
therefore,  invite  your  special  attention  to  some  of  the  main  facts 
relating  to  that  subject. 

No  loss  appears  so  far  to  have  resulted  to  the  Indians  because 
of  the  methods  of  financing  these  projects.  About  $1,374,000  have 
been  expended  for  irrigation  upon  the  Flathcad  Reservation.  Of 
this  sum  $56,005  have  been  returned  to  individual  Indians  for 
labor  on  the  project  and  for  products  purchased  from  them.  Under 
completed  canals  there  are  48,400  acres.  Of  this  area  30,291  acres 
are  Indian  land.  A  few  sales  of  inherited  Indian  lands  under  com 
pleted  canals  have  been  made  to  white  men.  Out  of  a  total  of 
228,22?  acres  which  have  been  allotted  to  Indians,  90,000  acres  are 
irrigable.  Approximately  one-half  of  the  Irrigable  Indian  land, 
therefore,  is  under  completed  canals.  The  project  engineer  of  the 
Reclamation  Service  estimates  that  it  will  require  ten  years  to  com 
plete  the  Flathead  project,  with  annual  appropriations  of  $500,000. 
Until  this  project  is  completed,  the  Indians  who  own  approximately 
40,000  acres  of  remaining  irrigable  lands  not  under  ditch,  will  suffer 
in  common  with  the  white  settlers  who  have  made  filings  on  similar 
lands.  Most  of  this  land  cannot  be  farmed  successfully  without 
water.  Approximately  $700,000  have  been  returned  to  the  govern 
ment  from  the  sale  of  surplus  lands  and  timber  on  this  reservation, 
which  is  about  one-half  the  amount  invested  in  completed  canals. 
Approximately  12,000  acres  of  lands  entered  by  white  settlers  are 
under  the  completed  projects.  Therefore,  approximately  only 
$400,000  out  of  the  sum  of  $1,400,000  expended  in  irrigation  on 
this  reservation  has  been  expended  for  the  benefit  of  white  entries. 
Since,  under  existing  law,  appropriations  for  irrigation  on  this 
reservation  are  reimbursable  from  the  sale  of  water  rights  under 
the  Act  of  May  29,  1908  (35  Stat.  L.,  449),  as  well  as  from  the 
sale  of  surplus  lands  and  timber  on  the  reservation,  it  is  evident 
that  reimbursement  to  the  government  could  not  be  made  from 
the  sale  of  water  rights  to  white  settlers  until  water  is  brought 


28 

to  the  entered  lands.  Therefore,  under  existing  law,  just  in  pro 
portion  as  there  is  delay  in  completing  the  project,  there  will  be 
lacking  returns  from  the  sale  of  water  rights,  and  the  proceeds 
from  the  sale  of  surplus  Indian  lands  and  timber  on  the  reservation 
alone  will  be  drawn  upon  to  reimburse  the  government  for  the 
cost  of  construction.  In  other  words,  delay  in  completing  the  irri 
gation  project  on  this  reservation  through  small  appropriations  in 
stead  of  relieving  the  Indian  funds  from  an  improper  proportion 
of  the  burden  of  the  cost,  results  in  increasing  that  burden.  There 
fore,  under  the  present  method  of  charging  the  costs  of  irrigation 
on  this  reservation,  unless  Congress  increases  the  appropriations 
so  as  to  make  available  an  income  from  the  sale  of  water  rights  to 
white  settlers,  the  government  is  placing  itself  in  the  position  of 
financing  a  project  for  white  settlers  as  well  as  for  Indians,  without 
providing  adequate  means  of  immediate  reimbursement.  While 
in  theory  the  existing  law  apparently  provides  for  advancing  Indian 
funds  for  the  construction  of  the  project  which  equally  benefits 
both  white  and  Indian  land,  in  practice  and  in  fact,  there  have  not 
been  enough  returns  from  the  sale  of  Indian  lands  to  reimburse 
the  government  for  its  expenditure  for  the  irrigation  of  Indian  lands 
alone,  and  for  the  irrigation  of  such  lands  of  white  entrymen  as 
has  already  been  accomplished,  the  government,  and  not  the  Indians, 
has  in  reality  been  advancing  the  cost.  Therefore,  it  is  evident 
that  the  plan  recommended  by  the  Board,  of  charging  all  irrigation 
costs  to  the  land  benefited,  is  advisable,  and  appropriations  should 
be  made  on  this  reservation  sufficient  to  make  economical  construc 
tion  possible. 

The  following  table  contains  carefully  revised  data  showing  the 
exact  status  of  irrigable  and  irrigated  lands  under  the  Flathead  pro 
ject  at  the  present  time: 

Irrigation,  1913-1914. 

ALLOTMENTS. 

1913 :  1914 : 

Number  irrigable   509  517 

Acres    irrigable 32,600*  36,291* 

Allotments  irrigated  : 

By  allottees   61  85 

By   tenants    :}4  31 

By  white  purchasers  5  16 

Acres  irrigated  by  allottees 1,639  2,602 

Acres  irrigated  by  tenants   1,470  1,089 

Acres  irrigated  by  white  purchasers 64  321 


29 

FARM  UNITS. 

Number   irrigable    172  262 

Acres  irrigable   9,800*  12,600* 

Number  irrigated    95  132 

Acres    irrigated    1,259  2,128 

In  addition  to  the  above  there  were  irrigated  ten  tracts  including  State  land, 

reservoir  sites,  etc.,  during  the  season  of  1914,  with  an  aggregate  irrigable 
area  of  276  acres. 


*Estimated. 

Use  of  Reimbursable  Appropriations. 

The  last  report  of  the  superintendent  of  this  reservation  shows 
6,000  horses  and  26,000  cattle  owned  by  Indians  on  the  reservation, 
and  31,497  acres  farmed  by  them.  It  should  be  noted  that  most 
of  the  live  stock  is  owned  and  most  of  the  farming  done  by  mixed 
bloods.  The  Indian  Bureau  has  set  apart  $50,000  of  the  reimburs 
able  appropriation  to  assist  these  Indians  along  industrial  lines. 
Without  attempting  to  judge  whether  this  sum  is  adequate  or  inade 
quate,  it  is  evident  that  care  should  be  taken  in  the  use  of  it  to  avoid 
rewarding  or  encouraging  idleness.  Only  those  who  have  made  the 
best  use  of  their  opportunities  should  have  extended  to  them  this 
help.  If  Congress  appropriates  $500,000  each  year  for  the  comple 
tion  of  irrigation  on  this  reservation  an  opportunity  will  be  fur 
nished  to  every  able-bodied  Indian  on  the  reservation  to  earn  good 
wages  for  several  months  each  year  outside  the  farming  season  and 
those  who  improve  their  opportunities  should  be  able  to  establish 
themselves  in  this  manner  without  much  additional  help.  While, 
as  the  figures  above  indicate,  there  is  a  marked  tendency  to  im 
provement  on  the  part  of  a  few  of  the  Indians,  the  evidence  adduced 
from  those  long  acquainted  with  these  Indians  was  that  the  old 
and  middle-aged  full  blood  Indians  as  a  class  are  much  worse  off 
physically  and  financially  than  the  same  class  were  twenty-five  years 
ago. 

Care  of  Old  Indians. 

I  visited  a  number  of  old  Indians  in  their  homes  at  St.  Ignatius 
and  the  Board's  secretary  visited  a  camp  of  old  Kutenai  Indians  at 
Poison.  Some  of  them  almost  blind  from  trachoma,  others  suffer 
ing  probably  from  tuberculosis  and  were  living  under  conditions 


30 

of  abject  poverty.  I  will  not  say  that  they  were  starving,  but  they 
certainly  lacked  sufficient  food,  and  I  do  not  believe  that  proper 
attention  can  be  given  them  under  present  conditions.  The  super 
intendent  of  the  reservation  informed  me  that  he  had  recommended 
a  home  for  old  Indians  at  the  former  agency  site  and  that  it  was 
his  idea  to  have  a  doctor  or  a  field  matron  at  hand  to  look  after 
them.  This  recommendation,  I  think,  an  excellent  one  and  action 
should  be  taken  on  it  at  once  before  the  winter  closes  in.  At  St. 
Ignatius  the  Sisters  conduct  a  well-equipped  hospital  where  they 
minister  gratis  to  the  afflicted  Indians,  and  the  government  ration 
was  being  supplemented  by  the  charity  of  the  Sisters,  of  the  Priests 
and  the  traders,  without  whose  assistance  some  of  the  old  people 
probably  would  have  starved.  The  government  has  not  provided 
adequate  hospital  facilities  for  the  Indians  of  this  reservation  and 
the  ration  provided  is  insufficient.  This  situation  is  the  result  of 
a  system  and  not  the  fault  of  the  superintendent.  While  great  em 
phasis  is  being  placed  upon  the  matter  of  protecting  property  and 
encouraging  industry  among  the  able-bodied,  there  appears  to  be 
an  utter  lack  of  systematic  attention  to  the  old  and  infirm. 

Special  Appraisal  Commission. 

Owing  to  the  large  number  of  disputes  and  controversies  regard 
ing  classification  and  appraisal  of  lands  and  entries  on  timber  lands 
and  within  the  boundaries  of  reserves  for  water  and  reservoir  pur 
poses,  I  strongly  recommend  the  appointment  of  a  commission  or 
a  commissioner,  to  go  on  the  ground  and  personally  investigate 
every  controversial  question.  After  a  report  has  been  received  it 
should  be  promptly  approved  and  the  policy  of  making  re-ap 
praisals  and  re-classifications  of  land  upon  complaint  of  individuals 
should  be  discontinued,  unless  the  applicant  agrees  in  advance  to 
pay  a  definite  sum  as  a  contribution  to  cover  at  least  a  portion 
of  the  cost  of  such  re-appraisal.  There  appears  to  be  nothing  in 
existing  law  to  prevent  this.  The  Indians  funds  should  not  be 
charged  with  costs  of  unnecessary  re-appraisals.  The  enactment 
of  S.  Go7)i  into  law  would  remove  from  consideration  a  large  per 
centage  of  the  controversies  in  question  and  greatly  simplify  the 
work  of  the  proposed  special  commission.  It  does  not  appear  neces 
sary,  therefore,  to  discuss  in  this  report  the  merits  of  the  contro 
versy  over  the  accuracy  of  the  appraisal  of  these  lands.  It  is  my 
opinion,  however,  that  land  on  the  Flathead  Reservation  at  the 
present  time  is  not  worth  more  than  the  prices  at  which  the  same 


31 


or  similar  land  was  appraised  by  the  second  commission  in  1912 
and  1913  and  it  is  my  judgment  that  there  are  complaints  worthy 
of  careful  and  serious  consideration  at  the  hands  of  such  a  com 
mission  as  the  one  I  am  recommending.  The  following  representa 
tions  which  were  made  to  me  are  presented  for  such  light  as  they 
may  throw  on  the  present  value  of  Flathead  land  as  compared  with 
the  prices  fixed  by  the  second  Commission : 

First. — Several  settlers  asserted  their  willingness  to  sell  their 
homesteads  for  the  cost  of  the  improvements  made  by  them,  for 
feiting  their  wrork,  time  and  the  amounts  paid  by  them  for  the  land. 

Second. — At  a  sale  of  Indian  lands  on  November  14,  1914,  an 
advertisement  of  which  was  brought  to  my  attention,  less  than  five 
per  cent,  of  the  lands  advertised  were  sold.  The  prices  at  which 
these  lands  were  appraised  ranged  from  $5  to  $50  an  acre,  more  than 
85  per  cent,  of  said  lands  being  appraised  below  $30  an  acre  and 
only  two  tracts  appraised  at  $50  an  acre.  As  a  general  thing,  the 
Indian  lands  are  more  valuable  than  the  surplus  lands  which  were 
appraised  by  the  second  commission,  who  valued  agricultural  land 
of  the  first  class  as  high  as  $30  an  acre. 

The  man  or  men  appointed  for  this  work  should  not  be  con 
nected  with  the  local  Indian  Service  or  the  local  service  of  the 
Land  Office,  but  should  be  familiar  with  local  conditions.  The 
superintendent  of  the  reservation  should  not  be  called  upon  to  ap 
praise  land  entered  by  homesteaders.  To  do  this  sort  of  work 
causes  him  to  neglect  his  duties  to  the  Indians  and  inevitably  draws 
upon  him  criticism  by  white  settlers  and  leads  to  friction  and  mis 
understanding  between  him  and  the  Indians. 

General  Comments. 

The  conditions  on  this  reservation  are  far  from  what  they  should 
be,  but  the  causes,  I  believe,  to  a  great  extent  may  be  found  in  the 
conflicts  and  complications  that  have  arisen  from  the  government's 
policy  of  opening  these  lands  to  settlement  previous  to  the  com 
pletion  of  the  work  of  appraisal  and  classification  of  the  surplus 
lands  and  the  completion  of  the  irrigation  projects.  Superintend 
ent  Morgan  and  his  assistants  are  undoubtedly  devoted  to  the  inter 
ests  of  the  Indians  and  are  working  diligently  to  perform  their 
duties  properly.  There  has  been  a  decided  improvement  in  many 
respects:  The  boot-legger  is  much  less  in  evidence  than  he  was 
formerly.  Superintendent  Morgan  has  been  most  diligent  in 
prosecuting  offenders  and  he  has  been  ably  assisted  recently  by 


32 


Mr.  Glenn,  a  special  officer  of  the  Liquor  Service,  who,  according 
to  reports,  has  done  exceptionally  effective  work.  Health  condi 
tions  are  not  what  they  should  be.  The  crowding  together  in  winter 
of  several  families  in  poorly  ventilated  houses  is  responsible  for 
much  of  the  tuberculosis  on  the  reservation,  according  to  the  state 
ment  of  the  agency  physician,  but  constant  attention  to  cases  of 
this  kind  and  continuous  efforts  to  encourage  the  building  of  better 
ventilated  houses  are  producing  good  results. 

Respectfully  submitted, 

(Signed)   WM.  H.  KETCH  AM, 

Member    Board  of  Indian  Commissioners. 

EXHIBIT  "A." 

List  showing  entries  made  under  suspended  applications  in  ac 
cordance  with  letter  "K"  and  difference  between  appraised  valua 
tions  fixed  by  second  Commission  and  the  highest  valuations  fixed 
by  the  first  Commission  on  similar  lands. 


Name. 

Entry 
number. 

Description. 

CJ 
0 

£ 

0) 

bo 

<rJ 

I* 

^ 

Excess. 

V 

rt 

V-, 

<L> 

CU 

*rt 
O 

H 

$40.00 
120.00 
90.00 
60.00 
140.00 
260.00 
340.00 
680.00 
340.00 
680.00 
1,020.00 
320.00 
340.00 
260.00 
220.00 
100.00 
30.00 
120.00 
100.00 
200.00 
20.00 
140.00 
60.00 
680.00 
260.00 
440.00 
440.00 
460.00 
920.00 
340.00 
280.00 
720.00 
460.00 
100.00 
50.00 
320.00 
320.00 

Albert  FC.  Thompson.  . 
Guy  W.  Herming.  .  .  . 

B.  F.  Kraritz  
R  C  Roark  

Miss.  03111 
Miss.  02597 
Kal.  02540 
Miss.  02929 

Miss.  02753 
Miss.  02746 
Miss.  02757 
Miss.  02790 
Miss.  02647 

Miss.  03330 

$2.00 
10.00 
6.00 
5.00 
7.00 
10.00 
12.00 
12.00 
12.00 
12.00 
12.00 
15.00 
12.00 
10.00 
9.00 
6.00 
4.25 
5.00 
6.00 
5.00 
4.00 
7.00 
5  00 

80 
40 
20 
'   40 
40 
40 
40 
80 
40 
80- 
120 
40 
40 
40 
40 
i   40 
40 
80 
40 
120 
40 
i   40 
40 
80 
40 
40 
40 
40 
40 
40 
80 
40 
40 
40 
20 
40 
40 

$0.50 
3.00 
4.50 
1.50 
3.50 
6.50 
8.50 
8.50 
8.50 
8.50 
8.50 
8.00 
8.50 
6.50 
5.50 
2.50 
.75 
1.50 
2.50 
1.662/v 
.50 
3.50 
1.50 
8.50 
6.50 
11.00 
11.00 
11.50 
2,'5.00 
8.50 
3.50 
18.00 
11.50 
2.50 
2.50 
8.00 
8.00     , 

First:class  agricultural   .  . 
Grazing   

Second-class    agricultural, 
do 

do 

do 

do    . 

Ralph  A.  Manning... 
L,ewis  A.  Cox  
Marvin  M.  Marcy.  .  .  . 
Geo.  W.  Williams  

Jas.  F.  Badgley  

do 

do    . 

do    

First-class  agricultural   .  . 
Second-class    agricultural. 
do    ...    . 

Isaac  Iy.  DeardorfT.  .  . 
Robert  K.  Wartenbe.  . 

Henry  Gannon  
Wm.  D.  Engle  

Miss.  02649 
Miss.  02561 

Miss.  02562 
Miss.  02915 

Miss.  02613 
Miss.  02566 
Miss.  02542 
Miss.  02545 
Miss.  02660 
Kal.  02286 
Kal.  02291 

Kal.  02325 
Kal.  02678 

Kal.  02970 

Miss.  02822 
Miss.  02839 

do 

.  .    do    . 

do 

Second-class   agricultural. 
do 

do   

do 

Joshua  S.  Dillon  
Barbara  A.  Kain  
Morden  W.  Howard.  . 
Jas.  L<.  Jones  
Owen  McCabe  
Nathan  FFart 

,  .   do   .  , 

do 

do   

12.00 
10.00 
18.00 
18.00 
14.00 
30.00 
12.00 
5.00 
25.00 
15.00 
4.00 
6.00 
15.00 
15.00 

......   do    

First-class  agricultural   .  . 
do 

Second-class    agricultutal. 
First-class  agricultural   .  . 
Second-class    agricultural. 
Grazing  
First-class  agricultural   .  . 
Second-class    agricultural. 
Grazing   

Robert  W.  Fleming.  . 

Ben  Cramer  
John  B.  Elie  

Ival  L.  Wright  
Chas.  C.  Codman.... 
Richard  Christian  

Second-class    agricultural. 
First-class  agricultural   .  . 
do    

33 


Exc 

ess. 

Name. 

Entry 
number. 

Description. 

<u 

VH 

OH 

Acreage. 

«> 

o 

a 

2 

^ 
.2 

0 

SH 

Ernest  W.  Barton  

Miss.  03073 
Kal  02978 

Second-class   agricultural, 
do 

5.00 
13.00 

40 
40 

1.50 
9.50 

60.00 
380.00 

do    

7.00 

40 

3.50 

140.00 

Kal  02610 

do 

12  00 

40 

8  50 

340.00 

Kal  02316 

do   

5.00 

40 

1.50 

60.00 

do    .  . 

7  00 

40 

3  50 

140.00 

Grazing  

3.00 

80 

1.50 

120.00 

Chas.   M.   Mansur.  .  .  . 

Kal.  02342 

Second-class    agricultural. 
do    

12.00 
15  00 

40 
40 

8.50 
11.50 

340.00 
460.00 

Kal  02333 

do 

12  00 

120 

8  50 

1  020  00 

Andrew    F.   Masterson 

Kal.  02387 

First-class  agricultural  .  . 
Second-class   agricultural. 
„    .    .  ,    do    

20.00 
5.00 
6.00 

40 
20.6 
20  5 

13.00 
1.50 
2  50 

520.00 
30.90 
51.25 

do 

7  00 

20  5 

3  50 

71  75 

Sanders    B     Allen    .  .  . 

Kal.  02388 

First-class  agricultural  .  . 
do   

20.00 
15.00 

20.3 

40 

13.00 
18.00 

253.00 
720.00 

Walter  C    Hobbs 

Kal   02819 

do 

25  00 

40 

18  00 

720  00 

do   

20.00 

40 

13.00 

520.00 

Kal  02301 

6  00 

40 

2  50 

100  00 

do   

8.00 

40 

4.50 

180.00 

6  00 

40 

4  50 

180  00 

.   do   . 

3  00 

40 

1  50 

60.00 

Morris   O.    Bish  

Kal.  03131 

do   

2.50 

40 

1.00 

40.00 

Margaret    Williams... 

Kal.  02800 

do       

5  00 

80 

3  50 

280  00 

Guy   A    Shanley 

Kal   02426 

8  00 

80 

4  50 

360  00 

Selam   E.   Phorston.  .  . 

Kal.  03325 

Second-class   agricultural. 

5.00 
3  00 

40 
80 

1.50 
1  50 

60.00 
120  00 

do 

2  50 

40 

1  00 

40  00 

John   W    Fry 

Kal   02410 

5  00 

40 

1  50 

60  00 

do 

8  00 

40 

4  50 

180  00 

Grazing      

3  50 

40 

2  00 

80  00 

John  N.   Marquis  

Kal.  02425 

Second-class   agricultural. 
do    

4.00 
5  00 

40 
40 

.50 
1.50 

20.00 
60  00 

Ceo.    II.    Sparling.  .  .  . 

Kal.  02439 

do 

10  00 

80 

6  50 

520  00 

Rollo   T.   McAllister.  . 

Kal.  02424 

do 

10  00 

40 

6  50 

260  00 

do    

:     8.00 

40 

4.50 

180.00 

Oscar  A.  Baerisch.  .  .  . 

Kal.  02557 

Grazing   

do 

3.50 
2  00 

40 
105  3 

2.00 
50 

80.00 
52  65 

Benjamin  N.   Mills.  .  . 

Kal.  03124 

do 

2  50 

40 

1  00 

40  00 

do    

3.00 

40 

1.50 

60  00 

Second-class    agricultural. 
do    

6.00 
4.00 

40 
40 

2.50 
.50 

100.00 
20  00 

Oscar  A.  Ganger  

Kal.  0318.5 

Grazing   

do 

2.00 
3  00 

40 
40 

.50 
1  50 

20.00 
60  00 

do    . 

2  50 

40 

1  00 

40  00 

Jos.   Ganger  

Kal.  03185 

do 

2  50 

40 

1  00 

40  00 

do 

3  00 

80 

1  50 

120  00 

Butler    F.    Minich.  .  .  . 

Kal.  03094 

do    

3.00 

80 

1  50 

120  00 

...        do 

4  00 

40 

2  50 

100  00 

do    

3.50 

40 

2  00 

80  00 

Daisy   M.   Allen  

,   Kal.  03230 

do 

3  00 

80  2 

1  50 

120  30 

Kal   02511 

5  00 

40 

Chas.    O'Neal    

Kal  02707 

beconcl  c  ass    agricultural. 

2  50 

40 

1  00 

40  00 

Howard  E.  Stansbury. 
Jos.    K.    Huston  
D  wight  N.  Mason.... 

Miss.  02737 
Kal.  03304 
Miss.  02972 

First-class  agricultural   .  . 
Second-class   agricultural. 
First-class  agricultural   .  . 

10.00 

39.78 
51.13 

.    40.84 

3.00 
6.50 
3.00 

119.34 
332.3.. 
122.52 

List  of  Applications  and   Entries   Still   Intact,   Filed   Between 
August  26,  1910,  and  June  14,  1911,  Flathead  Indian  Lands. 

This  list  includes  only  lands,  the  classification  and  appraisement  of 
which  were  approved  on  October  13,  1913,  and  subsequently  and  where  the 
appraised  price  is  higher  than  the  price  fixed  for  lands  of  like  class  by  the 
original  Flathead  Commission.  Except  where  otherwise  stated  the  reason 
for  the  non-classification  and  appraisement  of  these  lands  by  the  original 
Flathead  Commission  was  that  the  lands  were  embraced  in  Indian  allot- 


34 

ments  at  that  time,  which  allotments  have  subsequently  been  changed  to  other 
lands. 

Missoula  03111,  filed  Jan.  23,  1911,  by  Albert  E.  Thompson  for  SEJ4,  NE}4, 
Sec.  22,  T.  18  N.,  R.  11)  W.  Entry  allowed  Dec.  17,  1913.  Land  classified 
as  grazing  land  and  appraised  at  $2.00  per  acre.  No  apparent  reason  is 
found  for  the  non-classification  of  this  land  by  the  original  commission. 

Missoula  02597,  filed  Sept.  29,  1910,  by  Guy  W.  Herming  for  §~E%,  SW^4, 
Sec.  7.  T.  21  N.,  R.  19  W.  Land  classified  as  first-class  agricultural  land  and 
appraised  at  $10.00  per  acre.  Said  tract  contains  19M.  feet  of  timber; 
appraised  at  $66.50. 

Kalispell  02540,  filed  November  4,  1910.  Entry  allowed  July  28,  1914,  for 
NE^,  SET/4,  Sec.  6,  T.  22  N.,  R  19  W.  The  entire  tract  was  treated 
and  classified  as  grazing  land  and  appraised  at  $6.00  per  acre. 
It  appears,  however,  that  only  the  S]^,  NE/4.  SE/4,  said  Sec.  6,  was  so 
classified  and  appraised.  The  N^2,  NE*4.  SE^4,  has  not  been  classified  or  ap 
praised,  having  been  embraced  in  a  withdrawal  at  the  time  the  last  com 
mission  was  in  the  field.  It  is  probable  that  the  latter  tract  will  be  appraised 
at  $6.00  per  acre. 

Missoula  02929,  filed  Nov.  14,  1910,  by  Benjamin  F.  Krantz,  for  NEJ4, 
Sec.  35,  T.  18  N.,  R.  20  W.  Entry  allowed  Dec.  8,  1913.  Land  classified 
as  second-class  agricultural  land.  The  'NE/4,  NE/4  appraised  at  $12  per 
acre.  The  NWJ4,  NEJ4  appraised  at  $10  per  acre.  The  SE^,  NEJ4 
appraised  at  $5  per  acre.  The  SW/4,  NE/4,  appraised  at  $7  per  acre.  No 
apparent  reason  for  non-classification  by  the  original  commission. 

Missoula  02753,  filed  Nov.  2,  1910,  by  Rommie  C.  Roark  for  SE^4,  NE^, 
Sec.  5.  T.  19  N.,  R.  20  W.  Entry  allowed  Feb.  9,  1914.  Land  classified  as 
second-class  agricultural  land  and  appraised  at  $12  per  acre. 

Missoula  02746,  filed  Nov.  2,  1910,  by  Ralph  A.  Manning  for  NE^,  $~E1A, 
Sec.  5.  T.  N.,  R.  20  W.  Application  02770  filed  on  the  same  date  by  Eleanor 
Cox.  Land  classified  as  second-class  agricultural  land  and  appraised  at 
$12  per  acre. 

Missoula  02757,  filed  Nov.  2,  1910,  by  Lewis  A.  Cox,  for  NWJ4,  SEJ4, 
Sec.  5,  T.  19  N.,  R.  20  W.  Land  classified  as  second-class  agricultural  land 
and  appraised  at  $12  per  acre. 

Missoula  02790,  filed  Nov.  3,  1910,  by  Marvin  M.  Marcy,  for  Sj4  NW^, 
S\\%  NE>i  Sec.  11,  T.  19  N.,  R.  20  W.  Entry  allowed  April  13,  1914. 
Land  classified  as  second-class  agricultural  land  and  appraised  at  $12  per 
acre. 

Missoula  02647,  filed  Nov.  1,  1910,  by  George  W.  Williams  for  NK>,  SW^4, 
Sec.  23,  T.  19  N.,  R.  20  W.  Entry  allowed  Nov.  29,  1913.  The  NE%,  SWJ4, 
classified  as  first-class  agricultural  land  and  appraised  at  $15  per  acre  and 
NW^4,  SWJ4,  classified  as  second-class  agricultural  land  and  appraised  at 
$12  per  acre.  In  addition  the  NEJ4,  SW^4,  has  a  timber  value  of  $73.50. 

Missoula  03330,  filed  April  7,  1911,  by  James  F.  Badgley  for  W><,  NET/t, 
Sec.  32,  T.  19  N.,  R.  20  W.  Land  classified  as  second-class  agricultural  land. 
The  NWJ4,  NEJ4,  appraised  at  $10  per  acre  and  the  SWJ4,  NE54,  at  $9 
per  acre. 

Missoula  02649,  filed  Nov.  1,  1910,  by  Isaac  L.  Deardorft"  for  SET/4,  SWJ4, 
Sec.  5,  and  NEJ4,  NWJ4,  Sec.  8,  T.  20  N.,  R.  20  W.  Entry  allowed  Dec. 
27,  1913.  Land  classified  as  second-class  agricultural  land.  The 


35 


,  was  appraised  at  $6  per  acre  and  the  NE^4,  NW%  at  $4.25  per 
acre,  in  addition  to  which  the  latter  tract  has  a  timber  value  of  $138. 

Missoula  02561,  filed  Sept.  23,  1910,  by  Robert  E.  Wartenbe  for  W^, 
NE54  and  NW1A,  SE^,  ,Sec.  26,  T.  20  N.,  R.  20  W.,  together  with  40 
acres,  which  was  appraised  by  the  original  Flathead  Commission.  Land 
classified  as  second-class  agricultural  land.  The  W^2,  NE^4  was  appraised 
at  $5  per  acre  and  the  NW1/^,  SE^  at  $6  per  acre. 

Missoula  02562,  filed  Sept.  23,  1010,  by  Henry  Gannon  for  E*4  NEM 
and  NEH,  SE^4,  Sec.  26,  T.  20  N.  R.  20  W.,  together  with  40  acres,  which 
were  classified  and  appraised  by  the  original  Flathead  Commission.  The 
entry  was  allowed  July  11,  1914.  The  land  in  question  was  classified  as 
second-class  agricultural  land  and  appraised  at  $5  per  acre. 

Missoula  02915,  filed  Nov.  12,  1910,  by  William  D.  Engle  for  S}4  SW^ 
and  SW*4  SE^4,  Sec.  26,  T.  20  N.,  R.  20  W.  Entry  allowed  April  4,  1914. 
Land  classified  as  second-class  agricultural  land.  The  SE^4,  SW^4  was 
appraised  at  $4  per  acre,  the  SW>i  SW^4  at  $7  per  acre,  and  the  SW^, 
SE^4  at  $5  per  acre. 

Missoula  02613,  filed  October  4,  1910,  by  Joshua  S.  Dillon  for  H]A,  SE?4, 
Sec.  31,  T.  20  N.,  R.  20  W.  Land  classified  as  second-class  agricultural  land 
and  appraised  at  $12  per  acre. 

Missoula  02566,  filed  Sept.  24,  1910,  by  Barbara  A.  Kain  for  SExr4,  SE}4 
Sec.  10,  T.  21  N.,  R.  20  W.,  together  with  40  acres  of  land  classified  and 
appraised  by  the  original  Flathead  Commission.  Entry  allowed  Feb.  9, 
1914.  Land  classified  as  second-class  agricultural  land  and  appraised  at 
$10  per  acre. 

Missoula  02542,  filed  Sept.  21,  1910,  by  Morden  W.  Howard  for  NWJ4 
§E1A,  Sec.  11,  T.  21  N.,  R.  20  W.  Entry  allowed  Dec.  10,  1913.  Land  classi 
fied  as  first-class  agricultural  land  and  appraised  at  $18  per  acre. 

Missoula  02545,  filed  Sept.  21,  1910,  by  James  L.  Jones  for  SWJ4,  SE^i, 
Sec.  11,  T.  21  N.,  R.  20  W.  Entry  allowed  April  6,  1914.  Land  classified 
as  first-class  apricultural  land  and  appraised  at  $18  per  acre. 

Missoula  02660,  filed  >Nov.  1,  1910,  by  Owen  McCabe  for  NET/4,  SE^4, 
Sec.  28,  T.  21  N.,  R.  20  W.,  together  with  40  acres  which  were  classified  and 
appraised  by  the  original  Flathead  Commission.  Entry  allowed  Feb.  9.  191-1. 
Land  classified  as  second-class  agricultural  land  and  appraised  at  $14  per  acre. 

Kalispell  02286,  filed  Sept.  2,  1910,  by  Nathan  Hart  for  NW^,  SEJ4, 
Sec.  5,  T.  22  N.,  R.  20  W.  Entry  allowed  Nov.  19,  1913.  Land  classified 
as  first-class  agricultural  land  and  appraised  at  $30  per  acre. 

Kalispell  02291,  filed  Sept.  6,  1910,  by  Robert  W.  Fleming  for  $~E%,  SW1/^, 
Sl/2,  SE>4,  Sec.  11,  T.  20  N.,  R.  20  W.  Entry  allowed  Dec.  17,  1911.  The 
SEJ4,  SW>4,  classified  as  second-class  agricultural  land  and  appraised  at 
$12  per  acre.  The  $l/2,  SE}4  classified  as  grazing  land  and  appraised  at 
$5  per  acre. 

Kalispell  02325,  filed  Sept.  15,  1910,  by  Ben  Cramer  for  NW%  SW1^, 
Sec.  14,  T.  22  N.,  R.  20  W.  Entry  allowed  September  14,  1914.  Land  classi 
fied  as  first-class  agricultural  land  and  appraised  at  $25  per  acre. 

Kalispell  02678,  filed  Nov.  17,  1910,  by  John  B.  Elie  for  §Y2,  NWJ4,  Sec. 
32,  T.  22  N.,  R.  20  W.,  together  with  40  acres  which  were  classified  and 
appraised  by  the  original  Flathead  Commission.  The  SE>4,  NW^4  was 
classified  as  second-class  agricultural  land  and  appraised  at  $15  per  acre. 


36 

The  SW*4,  NWJ4  was  classified  as  grazing  land  and  appraised  at  $4  per 
acre. 

Kalispell  02970,  filed  Jan.  24,  1911,  by  Ival  L.  Wright  for  E^,  NWJ4, 
SE*4  Sec.  20,  T. '23  N.,  R.  20  W.  Entry  allowed  Dec.  17,  1913.  Land 
classified  as  second-class  agricultural  land  and  appraised  at  $6  per  acre. 
No  apparent  reason  is  found  for  the  non-classification  of  this  land  by  the 
original  commission. 

Missoula  02822,  filed  Nov.  4,  1910,  by  Charles  C.  Codman  for  NVV% 
SEJ4,  Sec.  1,  T.  19  N.,  R.  21  W.  Lands  classified  as  first-class  agricultural 
lands  and  appraised  at  $15  per  acre. 

Missoula  02839,  filed  Nov.  5,  1910,  by  Richard  Christian  for  NE^4,  SE*4 
Sec.  1,  T.  19  N.,  R.  21  W.  Entry  allowed  Feb.  9,  1914.  Lands  classified  as 
first-class  agricultural  lands  and  appraised  at  $15  per  acre. 

Missoula  03073,  filed  Dec  24,  1910,  by  Ernest  W.  Barton  for  S\\%  SE^, 
Sec.  19,  T.  19  N.,  R.  21  W.  Entry  allowed  February  9,  1914.  Land  classi 
fied  as  second-class  agricultural  land  and  appraised  at  $5  per  acre.  No 
apparent  reason  is  found  for  the  non-classification  of  this  land  by  the 
original  commission. 

Kalispell  02978,  filed  Jan.  28,  1911,  by  Howard  Austin  for  NW^f,  SE^ 
and  NEM,  SWJ4,  Sec.  5,  T.  23  N.,  R.  21  W.,  together  with  80  acres  classified 
and  appraised  by  the  original  Flathead  Commission.  Land  classified  as 
second-class  agricultural  land.  The  NWJ4,  SE^4  appraised  at  $13  per 
acre  and  the  NE^4,  SW^4  appraised  at  $7  per  acre.  The  same  land  is 
embraced  in  homestead  application  Kalispell  02399,  filed  Nov.  28,  1910, 
by  Corwin  H.  Barnctt. 

Kalispell  02610,  filed  Nov.  9,  1910,  by  Charles  E.  Trekell  for  N\\% 
SW54,  Sec.  5,  T.  23  N.,  R.  21  W.  The  land  was  classified  as  second-class 
agricultural  land  and  appraised  at  $12  per  acre. 

Kalispell  02316,  filed  Sept.  12,  1910,  by  James  A.  McDavid  for  NE}4, 
Sec.  8,  T.  23  N.,  R.  21  W.  Entry  allowed  Dec.  23,  1913.  The  NE^,  NE^ 
classified  as  second-class  agricultural  land  and  appraised  at  $5  per  acre. 
The  N\\%  NE^4  classified  as  second-class  agricultural  land  and  appraised 
at  $7  per  acre.  The  $l/2,  NE^  classified  as  grazing  land  and  appraised  at 
$3  per  acre. 

Kalispell  02342,  filed  Sept.  19,  1910,  by  Charles  M.  Mansur  for  ~El/2,  EJ4, 
Sec.  25,  T.  23  N.,  R.  21  W.  Land  classified  as  second-class  agricultural  land. 
The  NE>4,  SE^4  appraised  at  $12  per  acre  and  the  SE^4,  S&A  at  $15 
per  acre. 

Kalispell  02333,  filed  Sept.  16,  1910,  by  Jesse  O.  Black  for  $*/2,  NWT/4 
and  Sy2,  NEJ4,  Sec.  3,  T.  24  N.,  R.  21  W.  Entry  allowed  July  11,  1914. 
The  SEJ4,  NWJ4  and  $}/>,  NE^4  were  classified  as  second-class  agricultural 
land  and  appraised  at  $12  per  acre.  The  SWJ4,  NW^4  was  classified  as 
first-class  agricultural  land  and  appraised  at  $20  per  acre. 

Kalispell  02387,  filed  Nov.  1,  1910,  by  Andrew  F.  Masterson  for  Lots 
1  (20.60  acres),  2  (20.52  acres),  3  (20.44  acres),  and  4  (20.36  acres),  Sec. 
3,  T.  24  N.,  R.  21  W.  Lots  1,  2,  and  3  were  classified  as  second-class  agri 
cultural  land.  Lot  1  was  appraised  at  $5  per  acre,  Lot  2  at  $6  per  acre,  and 
Lot  3  at  $7  per  acre.  Lot  4  was  classified  as  first-class  agricultural  land 
and  appraised  at  $20  per  acre. 

Kalispell  02388,  filed  Nov.  1,  1910,  by  Sanders  B.  Allen  for  NE^4,  SE^, 
Sec.  4,  T.  24  N,,  R.  21  W,  £ntry  allowed  Dec.  3,  1913.  Land  classified 


37 

as  first-class  agricultural  land  and  appraised  at  $25  per  acre.  No  apparent 
reason  is  found  for  the  non-classification  of  this  land  by  the  original  com 
mission. 

Kalispell  02819,  filed  Jan.  3,  1911,  by  Walter  C.  Hobbs  for  ~Ey2,  SW^, 
Sec.  33,  T.  24  N.,  R.  21  W.  The  land  was  classified  as  first-class  agricultural 
land.  The  NEJ4,  SW54  was  appraised  at  $25  per  acre  and  the  SEJ4, 
at  $20  per  acre. 

Kalispell  02301,  filed  Sept.  8,  1910,  by  Newton  E.  Miles  for  SWj4, 
NW^,  SWy4,  Sec.  4,  SE*4,  NE^,  NE^  and  NE^4,  SE^,  Sec.  5,  T.  22  N.,  R.  22 
W.  Entry  allowed  Dec.  17,  1913.  The  SWM,  NW^  was  classified  as  second- 
class  agricultural  land  and  appraised  at  $6  per  acre  The  NWJ4,  SW>4 
was  classified  as  second-class  agricultural  land  and  appraised  at  $8  per 
acre.  The  SEK,  NEJ4  was  classified  as  grazing  land  and  appraised  at  $6 
per  acre.  The  NE54,  SEJ4  was  classified  as  grazing  land  and  appraised  at 
$3  per  acre. 

Kalispell  03131,  filed  March  10,  1911,  by  Morris  O.  Bish  for  NEJ4,  SEK, 
Sec.  21,  T.  22  N.,  R.  22  W.,  together  with  80  acres  which  were  classified 
and  appraised  by  the  original  Flathead  Commission.  Entry  allowed  Dec. 
10,  1913.  Land  classified  as  grazing  land  and  appraised  at  $2.50  per  acre. 

Kalispell  02800,  filed  May  1,  1911,  by  Margaret  Williams  for  NW>4,  SWJ4 
and  SWJ4,  NW54  Sec.  22,  T.  22  N.,  R.  22  W.,  together  with  80  acres  classi 
fied  and  appraised  by  the  original  Flathead  Commission.  Entry  allowed 
January  7,  1914.  Land  classified  as  grazing  land  and  appraised  at  $5  per 
acre. 

Kalispell  0242G,  /filed  Nov.  1,  1910,  by  Guy  A.  Shanley  for  SE^,  SE#, 
Sec.  22,  NEJ4,  NEJ4  Sec.  27,  T.  23  N.,  R.  22  W.  Entry  allowed  Dec. 
13,  1913.  Land  classified  as  second-class  agricultural  land  and  appraised 
at  $8  per  acre. 

Kalispell  03325,  filed  May  2,  1911,  by  Selma  E.  Phorston  for  SE#,  Sec. 
31,  T.  23  N.,  R.  22  W.  Entry  allowed  Dec.  4,  1913.  The  NE#,  SE^ 
was  classified  as  second-class  agricultural  land  and  appraised  at  $5  per 
acre.  The  balance  of  the  land  was  classified  as  grazing  land.  The  NWJ4, 
SE^4  and  SEH,  SEM  was  appraised  at  $3  per  acre  and  the  SWJ4  SE*4 
at  $2.50  per  acre.  No  apparent  reason  is  found  for  the  non-classification  of 
this  land  by  the  original  commission. 

Kalispell  02410,  filed  Nov.  1,  1910,  by  John  W.  Fry  for  NE^,  SE^, 
Sec.  15,  NWJ4,  §Wy4  and  SW^,  NW>4,  Sec.  14,  T.  24  N.,  R.  22  W.  The 
NEJ4,  SE^4  was  classified  as  second-class  agricultural  land  and  appraised 
at  $5  per  acre.  The  NWJ4,  SW/4  was  classified  as  second-class  agricultural 
land  and  appraised  at  $8  per  acre.  The  SW^»  NWJ4  was  classified  as 
grazing  land  and  appraised  at  $3.50  per  acre.  On  Nov.  29,  1910,  James 
A.  Parsons  filed  homestead  application  Kalispell  02730  in  conflict  with 
Fry's  homestead  application  as  to  the  NEJ4.  SE)4,  Sec.  15,  and 
SW?4  Sec.  14,  and  embracing  in  addition  the  NE}4,  SW^4  and  SE}4, 
Sec.  14.  The  NE}4,  SWJ4  was  classified  as  second-class  agricultural  land 
and  appraised  at  $7  per  acre.  The  SE^4,  NWJ4  was  classified  as  grazing 
land  and  appraised  at  $3.50  per  acre. 

Kalispell  02425,  filed  Nov.  1,  1910,  by  John  Marques  for  WJ4,  NE^, 
Sec.  21,  T.  24  N.,  R.  22  W.,  together  with  80  acres  which  were  classified 
and  appraised  by  the  original  Flathead  Commission.  The  land  was  classi- 


38 


fied  as  second-class  agricultural  land,  the  NWK,  NEK  being  appraised 
at  $4  per  acre  and  the  SWK,  NEK  at  $5  per  acre. 

Kalispell  02439,  filed  Nov.  3,  1910,  by  George  H.  Sparling  for  WK,  SWK, 
Sec.  27,  T.  24  N.,  R."  22  W.  The  land  was  classified  as  second-class  agri 
cultural  land  and  appraised  at  $10  per  acre.  The  SWK,  SWK  contains 
80  M.  feet  of  timber  appraised  at  $240. 

Kalispell  02424,  filed  Nov.  1,  1910,  by  Rollo  T.  McAllister  for  EK,  NEK, 
Sec.  28,  T.  24  N.  R.  22  W.  The  land  was  classified  as  second-class  agricultural 
land,  the  NEK,  NEK  being  appraised  at  $10  per  acre  and  the  SEK,  NEK 
at  $8  per  acre.  On  Jan.  17,  1911,  Maurilio  Roveli  filed  homestead  application 
Kalispell  02849  for  the  same  land,  alleging  settlement  Nov.  1,  1910. 

Kalispell  02557,  filed  Nov.  5,  1910,  by  Oscar  A.  Baertsch  for  NWK,  NEK, 
or  Lot  2  (25.31  acres)  and  SWK,  NEK,  Sec.  4,  T.  24  N.,  R.  23  W.,  and 
in  addition  80  acres  classified  and  appraised  by  the  original  commission. 
Entry  allowed  Dec.  19,  1913.  The  land  was  classified  as  grazing  land  and 
appraised  at  $2  per  acre. 

Kalispell  03124,  filed  March  8,  1911,  by  Benjamin  N.  Mills  for  NK>,  SEK, 
NK,  SWK,  Sec.  9,  T.  24  N.,  R.  23  W.  Entry  allowed  Feb.  10,  1914.  The 
NEK,  SEK  was  classified  as  grazing  land  and  appraised  at  $2.50  per  acre. 
The  NWK,  SEK  was  classified  as  grazing  land  and  appraised  at  $3  per 
acre.  The  NEK,  SWK  was  classified  as  second-class  agricultural  land  and 
appraised  at  $6  per  acre.  The  NWK,  SWK  was  classified  as  second-class 
agricultural  land  and  appraised  at  $4  per  acre.  The  NK,  SEK  is  in  conflict 
with  Kalispell  03186  below. 

Kalispell  03185,  filed  March  23,  1911,  by  Oscar  A.  Gagner  for  EK,  NEK 
and  SWK,  NEK,  Sec.  9,  T.  24  N.,  R.  23  W.  Entry  allowed  May  29,  1914. 
The  land  was  classified  as  grazing  land,  the  NEK»  NEK  being 
appraised  at  $2  per  acre,  the  SEK,  NEK  at  $3  per  acre,  and  the  SWK, 
NEK  at  $2.50  per  acre. 

Kalispell  03186,  filed  March  23,  1911,  by  Joseph  Gagner  for  SEK,  Sec. 
9,  T.  24  N.,  R.  23  W.  The  land  was  classified  as  grazing  land,  the  NEK, 
SEK  being  appraised  at  $2.50  per  acre,  the  WK,  SEK  at  $3  per  acre  and 
the  SEK,  SEK  at  $1.50  per  acre.  The  Nj/j,  SEK  is  in  conflict  with  Kalis 
pell  03124  above. 

Kalispell  03094,  filed  Feb.  25,  1911,  by  Butler  F.  Minich  for  &/>,  NWK 
and  NK,  SW'K,  Sec.  3,  T.  23  N.,  R.  24  W.  Entry  allowed  Dec.  23,  1913. 
The  land  was  classified  as  grazing  land,  the  SEK,  NWK  and  NEK,  SWK, 
being  appraised  at  $3  per  acre.  The  SWK,  NWK  was  appraised  at  $4  per 
acre  and  the  NWK,  SWK  at  $3.50  per  acre. 

Kalispell  03230,  filed  March  27,  1911,  by  Daisy  M.  Allen  for  Lot  3  (40.10 
acres)  and  Lot  4  (40.11  acres),  Sec.  3,  T.  23  N.,  R.  24  W.,  together  with 
80  acres  which  were  classified  and  appraised  by  the  original  Flathead  Com 
mission.  Entry  allowed  Dec.  26,  1913.  The  land  was  classified  as  grazing 
land  and  appraised  at  $3  per  acre. 

Kalispell  02511,  filed  Nov.  4,  1910,  by  John  Fallman,  for  SWK,  SEK, 
Sec.  22,  T.  23  N.,  R.  24  W.,  together  with  40  acres  which  were  classified  by 
the  original  Flathead  Commission.  Entry  allowed  Dec.  22,  1913.  The  land 
was  classified  as  second-class  agricultural  land  and  appraised  at  $5  per  acre. 

Kalispell  02707,  filed  Nov.  23,  1910,  by  Charles  O'Neal  for  SWK,  NEK 
and  NWK,  SEK,  Sec.  22,  T.  23  N.,  R.  24  W.,  together  with  80  acres  which 
were  classified  and  appraised  by  the  original  Flathead  Commission.  Entry 


39 


allowed  Dec.  13,  1913.  The  SW^,  NE^  was  classified  as  grazing  land  and 
appraised  at  $2.50  per  acre.  The  NW>4,  SE^4  was  classified  as  second-class 
agricultural  land  and  appraised  at  $3  per  acre.  There  is  no  apparent  reason 
for  the  non-classification  of  the  SW%,  NEK  by  the  original  commission. 

Missoula  02737,  filed  Nov.  2,  1010,  allowed  Jan.  5,  1914,  by  Howard  E. 
Stansbury  for  Lot  4,  Sec.  5,  T.  20  N.,  R.  19  W.,  39.78  acres.  The  land  was 
classified  as  first-class  agricultural  land  and  appraised  at  $10  per  acre, 
added  to  which  is  the  value  of  103  M  feet  of  timber  appraised  at  $360.50. 

Kalispell  03304,  filed  April  22,  1911,  entry  allowed  Dec.  22,  1913,  by  Joseph 
E.  Huston,  for  Lot  2  on  NW  NE  section  27,  township  23  N.,  range  24 
W.,  containing  15.13  acres,  second-class  agricultural  lands,  appraised  at 
$10  per  acre. 

Missoula  02972,  filed  Nov.  21,  1910,  entry  allowed  Jan.  31,  1914,  by  Dwight 
N.  Mason,  for  Lot  1  on  NE,  NE  section  6,  township  30  N.,  range  19  W., 
containing  40.84  acres  first-class  agricultural  lands,  appraised  at  $10  per  acre, 
together  with  102  M  feet  of  timber,  appraised  at  $357. 


EXHIBIT  "B." 

Affidavits   and    statements   of    applicants    illustrating   numerous 
controversies  over, 

(a)  Appraisal  and  classification   of   timber  lands; 

(b)  Rejected  entries  within  withdrawals   for  power  and  reser 
voir  sites  and  for  lieu  allotments. 


WILLIAM  H.  HOWE,  Big  Arm,  Montana.  Accepted  Hd. 
Entry  of  No.  01953  80  A.  Final  proof  accepted.  Has  applied  for 
N/2  of  SE/4  of  Sec.  26,  T.  24,  R.  21,  MM.  to  complete  his  home 
stead  rights.  Sept.  9,  1914. 

Howe  is  a  married  man,  Spanish  war  soldier,  came  here  in  1910  to  get 
homestead,  and  has  been  endeavoring  by  applications  No.  02368,  No.  03309, 
No.  03700,  No.  04559,  and  this  last  effort  No.  04967  to  complete  his  160- 
acre  right  as  near  to  his  original  homestead  as  could  be  done.  All  these 
applications  have  met  with  discouragement.  He  is  hopeful  that  personal 
solicitation  and  examination  may  bring  a  favorable  action. 

His  present  appeal  on  his  No.  04967  application  with  Commissioner  of 
General  Land  Office  at  present  shows  why  he  should  have  the  land.  Howe 
is  not  a  speculator  but  a  hard-working  clerk  and  printer  who  came  west  to 
better  himself.  He  has  been  sorely  disappointed.  He  has  applied  for 
timbered  lands  as  a  last  resort  and  not  because  he  prefers  to  remove  stumps. 
This  land  adjoins  his  brother's  applied-for  land  and  can  be  used  to  better 
advantage  in  grazing  stock. 

Howe  is  just  in  receipt  of  a  letter  from  Indian  Office  giving  him  for 
first  time  complete  list  of  expense  connected  with  this  80  acres,  totalling 
$300  for  the  land  and  $255.50  for  the  timber  thereon.  This  he  stands 
ready  to  pay  and  will  today  go  to  the  local  Land  Office  and  offer  to  pay 


40 

the  one-third  price  as  his  first  payment  on  the  same.  He  has  endeavored 
to  buy  the  timber  through  the  local  Indian  office,  who  advertised  it,  and 
accepted  Howe's  bid  for  same,  and  in  mean  time  discovered  that  the  local 
Land  Office  had  sold  timber  and  land  of  east  forty  to  a  LATER  CONTEST 
ANT  September  15.  Now  Howe  claims  priority  of  right  because  his  appli 
cation  was  on  record  Sept.  9  to  homestead  this  land,  and  on  October  12  the 
Indian  office  accepted  my  request  to  buy  timber.  In  meantime  another 
tries  to  wedge  in  ahead.  This  man,  Levi  B.  Jacobs,  had  filed  on  this  land 
in  1910  and  dropped  the  matter  three  years  ago  and  sold  his  shack  and 
removed  it  from  the  place.  He  is  a  single  man  and  has  made  no  improve 
ment  on  the  place. 

Howe  stands  ready  to  make  full  payment  for  the  80;  Jacobs  wants  only 
forty.  Howe  will  begin  improvements  as  soon  as  weather  conditions  permit, 
and  blames  the  local  Land  Office  at  Kalispell  for  not  informing  him  that 
one  forty  was  ready  for  1/3  payment  on  Sept.  1,  when  he  was  in  Land  Office 
for  an  hour  inquiring  about  this  80  acres  of  land. 

He  prays  for  allowance  of  his  application  at  appraised  prices*. 

September  17,  1914. 

Big  Arm,  Montana. 

STATEMENT  OF  WM.  H.   PAINE. 

State  of   Montana,      (  ss. 
County  of  Flathead.    j 

William  H.  Paine,  of  Big  Arm,  Flathead  County,  Montana,  being  duly 
sworn  deposes  and  says  that  at  the  United  States  Land  Office  at  Kalispell, 
Montana,  on  May  12,  1911,  he  made  homestead  application  for  the  E^  of 
E^  of  Section  No.  11,  Township  No.  23  N.,  Range  No.  22  W.,  M.  M.,  H.  E. 
03341,  that  his  application  was  rejected  by  the  local  land  officials  on  the 
grounds  that  the  land  was  classified  as  timber  land,  that  upon  appeal  the 
Honorable  Secretary  of  the  Interior  affirmed  the  action  of  the  local  land 
officials  in  said  matter. 

That  later  he  made  application  to  the  Flathead  Classification  and  Appraise 
ment  Commission  for  a  re-examination  of  the  said  lands,  that  said  Com 
mission  made  examination  of  the  land  and  made  a  report  thereon  wherein 
it  was  found  that  the  Ej^  of  the  NEJ4  of  said  Section  11  was  more  valuable 
for  agriculture  than  for  the  timber  growing  thereon  and  appraised  the  land, 
80  acres,  at  $5  per  acre,  $400,  and  estimated  the  timber  thereon  at  102  thou 
sand  feet  at  $3  per  thousand,  $306,  total  $706;  that  the  value  placed  by 
this  commission  is  excessive,  that  the  land  is  more  adapted  for  grazing 
than  for  agriculture,  the  greater  part  of  it  is  steep  side  hill  land  and  is 
cut  by  two  ravines  running  from  east  to  west,  one  through  the  center  of 
the  land  and  the  other  through  the  south  end  thereof,  that  the  said  lands 
should  have  been  classified  as  grazing  lands,  that  all  such  lands  in  the 
vicinity  of  this  land  were  appraised  by  the  original  Flathead  Commission 
at  $1.25  per  acre,  that  this  land  should  have  been  appraised  at  that  price, 
that  further  that  both  the  estimate  of  timber  and  the  value  thereof  as 
made  by  this  Commission  is  excessive,  that  in  June,  1911,  this  affiant  engaged 


41 

one  James  DeStaffeny,  of  Kalispell,  Mont.,  an  experienced  timber  cruiser, 
to  make  an  estimate  of  the  timber  on  the  said  EH  of  E^  of  said  Section 
11,  that  he  at  that  time  made  an  affidavit  that  from  an  examination  of 
said  lands  he  found  that  there  was  on  the  EH  of  the  NE}4  of  said  Section 
11,  57  thousand  feet  of  timber  and  that  the  value  thereof  is  not  worth  to 
exceed  50  cents  per  thousand  feet,  that  said  affidavit  is  on  file  in  the  office 
of  the  Commissioner  of  the  General  Land  Office,  the  same  being  part 
of  the  record  made  by  this  affiant  in  an  appeal  taken  in  said  matter  from 
the  action  of  the  local  land  officials  at  Kalispell,  Montana,  in  rejecting  his 
original  homestead  application  in  this  matter,  that  since  this  estimate  was 
made  there  has  been  considerable  timber  removed  from  this  land  by  home 
steaders  who  reside  in  the  vicinity  of  the  land  and  who  have  timber  permits, 
the  timber  being  very  handy  and  available  to  the  homesteaders  in  that 
vicinity,  that  this  affiant  believes  that  at  the  present  time  there  is  not  to 
exceed  50  thousand  feet  of  merchantable  timber  on  this  land,  the  greater 
portion  of  which  is  small  scrubby  and  of  a  very  inferior  quality,  that  it  is 
situated  more  than  five  miles  from  Flathead  Lake  which  is  the  nearest  water 
to  the  land  available  for  logging  purposes,  that  in  the  opinion  of  this  affiant 
it  is  not  worth  more  than  50  cents  per  thousand  feet. 

That  on  March  9th,  last,  this  affiant  made  homestead  entry  to  said  EK> 
of  NE54  of  said  Section  11  and  is  now  residing  thereon,  that  he  made 
entry  under  protest  for  the  reason  that  at  that  time  he  was,  and  still  is, 
convinced  that  the  appraisement  of  this  land  by  said  Commission  was  ex 
cessive,  and  that  the  estimate  of  the  timber  thereon  and  the  value  thereof 
was  also  excessive,  and  that  when  the  matter  was  fully  and  fairly  presented 
to  the  proper  government  officials  he  would  be  treated  in  a  just  manner  upon 
a  fair  examination  of  all  the  facts. 

(Signed)  WIUJAM  H.  PAINE. 

Subscribed  and  sworn  to  before  me  this  14th  day  of   November,   1914. 

(Signed)   JOHN  McGRANN, 
[SEAI,.]  United  States  Commissioner. 

Also  appeared  at  the  same  time  and  place  C.  F.  EBEL,  ADAM  J.  RITZ, 
JAMES  A.  McDAVID  and  CORWIN  H.  BARNETT,  all  of  Big  Arm, 
Montana,  who  being  first  duly  sworn,  depose  and  say  that  they  are  well 
acquainted  with  the  land  embraced  in  the  homestead  entry  of  William 
II.  Paine,  and  know  from  personal  knowledge  and  observation  that  the 
statements  made  by  the  entryman  in  the  foregoing  affidavit  are  true. 

(Signed)   C.  F.  EBEI,, 

ADAM  J.  RITZ, 
JAMES    A.    MCDAVID, 
CORWIN  H.  BARNETT. 

Subscribed  and  sworn  to  before  me  this  14th  day  of   November,   1914. 

(Signed)  JOHN  McGRANN, 
[SEAI,.]  United  States  Commissioner. 


42 

STATEMENT  OF  CHESTER  W.   HOWE. 

In  the  matter  of  Additional  Hd.  Application  of  CHESTER  W.  HOWE,  No. 
04776,  for  the  SE/4  of  SW/4  of  Sec.  26,  T.  24  N.,  R.  21  W.,  MM. 

Being  an  Appeal  to  the  Secretary  of  the  Interior  from  the  Rejection 
of  said  Application. 

I,  Chester  W.  Howe,  a  qualified  entryman  of  Big  Arm,  Montana,  hereby 
declare  that  I  am  the  legal  applicant  and  only  one  for  this  SE/4  of  SW/4 
of  Sec.  26,  T.  24  N.,  R.  21  W.,  MM,  No.  04776,  and  am  rejected  by  the 
Hon.  Commissioner  of  the  General  Land  Office  for  this  "40"  on  account 
same  being  classified  as  timbered  land. 

My  original  Hd.  appli.  No.  04540  for  40  A.  grazing  land  was  granted 
me.  This  additional  application  is  for  continuous,  adjoining  40  A.  of  strictly 
grazing  lands,  vacant  and  needed  by  me.  It  has  unfortunately  23  M.  feet 
of  timber  on  its  southeast  corner  which  prevents  my  application  from  being 
granted. 

In  order  to  remove  this  objection,  I  have  applied  to  buy  this  timber  in 
regular  order  from  Indian  Agent  Morgan,  and  will  soon  be  in  position  to 
remove  the  timber  off  the  land  At  present,  this  is  a  hardship,  as  there 
is  only  one  market  for  logs  in  this  locality,  the  Somers  Lbr.  Co.  which 
pays  $5.75  and  $6.25  per  M.  ft.  for  their  scale  delivered  on  lake  shore. 
Unfortunately  this  23  M.  ft.  of  timber  was  appraised  at  $5  per  M.  ft.,  while 
all  other  trees  lower  down  the  mountain  and  of  better  quality  is  appraised 
at  $3.50  per  M.  At  $5  there  is  nothing  left  for  the  hard  work  of  hauling 
the  logs  off  the  land.  No  timber  here  has  been  selling  except  where  home 
steaders  are  wanting  to  get  grazing  lands  adjoining  to  complete  their  160 
rights.  The  timber  requirements  here  are  a  drawback  and  discouragement 
to  the  settlers  in  developing  this  valley. 

On  these  stony  grazing  hill  sides,  a  settler  positively  needs  his  full  limit 
of  160  such  acres  in  order  to  raise  stock  on  any  profitable  scale.  Any  smaller 
amount  is  simply  disastrous.  Those  who  took  40-acre  tracts  in  this  valley 
have  either  had  to  go  back  east  or  are  women  who  have  other  means  of 
support. 

I  came  from  Indianapolis  to  homestead  160  acres.  There  are  that  many 
acres  of  available  land  in  contiguous  form  here  for  which  I  have  applied  in 
order  to  keep  from  making  a  failure  of  my  homesteading.  My  application 
of  October  26,  1914,  for  80  A.  balance  of  my  right,  No.  5400-Kalispell,  is 
for  NE/4  of  NE/4  of  Sec.  34  and  SE/4  of  SE/4  of  Sec.  27,  same  T  and 
R,  and  are  vacant  lands  suitable  to  grazing  with  very  limited  portion  that 
is  tillable.  The  former  40  is  disconnected  from  my  original  homestead 
by  the  latter  which  was  withdrawn  for  power  site,  and  later  reserved  for 
villa  sites.  There  being  some  32  A.  between  this  40  and  the  lake  shore, 
it  does  not  seem  absolutely  necessary  that  this  SE/4,  SE/4  of  Sec.  27  be 
used  for  villa  sites.  It  is  70  per  cent,  grazing  land  and  not  bordering  on  to 
the  lake,  I  feel  it  should  not  be  classified  as  villa  site  tract. 

I  pray  that  this  80  which  has  no  timber  (but  a  pile  of  stones  thereon) 
be  released  and  ordered  back  into  the  class  for  homestead  entry  and  that 
due  notice  be  given  the  local  land  office,  as  being  in  the  interests  of  the 


43 

settler,  as  well  as  the  Indian.  I  very  much  wish  to  get  my  applications 
all  allowed  soon  so  I  can  begin  homesteading  with  a  happy  heart  instead 
of  waiting  thus  in  suspense.  It  will  please  me  to  know  that  you  will  order 
an  investigation  of  these  tracts  before  passing  unfavorable  decision  thereon. 

(Signed)  CHESTER  W.  HOWE, 

Big  Arm,  Montana. 
Dated :  Nov.  21,  1914. 

STATEMENT  OF  A.  L.  GRAVES. 
Serial  No N^S\\%  Section  11,  Township  22  N.  Range  20  W.  M.  M. 

I  entered  the  land  June  1,  1914.  I  got  my  filing  Jan.  6,  1914.  I  made  my 
first  filing  on  March  16,  1911,  on  some  lieu  land,  unappraised.  I  went  on 
the  land  and  stayed  for  awhile  at  that  time,  but  on  account  of  not  getting 
my  filing  I  did  not  make  a  permanent  home  until  June,  after  getting  a  filing. 

I  have  a  four-room  plastered  house,  barn  and  fencing.  I  have  only  plowed 
my  garden  as  we  went  on  the  land  so  late,  but  I  have  ordered  about  100 
trees  to  put  out  in  the  spring.  It  is  really  grazing  land  as  it  is  high  land. 
It  was  appraised  at  $10.00  per  acre.  It  was  appraised  at  $1.25  under  the 
first  appraisement.  1  have  made  payment  on  the  basis  of  $10.00  per  acre 
and  have  not  been  off  from  it  one  night. 

I  made  payment  under  written  protest.  I  understood  at  the  time  I  offered 
my  first  filing  it  was  not  to  exceed  $7.00  per  acre.  No  officer  of  the  Land 
Office  made  such  a  statement  to  me,  but  it  was  my  understanding  it  was  to 
be  appraised  along  the  lines  of  the  original  appraisement. 

STATEMENT  OF  E.  W.  McCOY. 
Serial  No SK>NE^,  Section  5,  Township  22  N.  Range  20  W.  M.  M. 

It  has  been  appraised  once.  This  piece  of  land  was  originally  allotted 
and  the  Government  saw  fit  to  set  it  aside  for  a  Reservoir  Site  and  they 
reimbursed  the  allottee,  both  in  cash  and  allotted  them  in  lieu  of  this  in 
Missoula  County  before  the  reservation  was  opened  and  on  the  first  day 
of  November,  1910,  in  the  general  opening  this  particular  piece  of  land 
lay  on  the  side  hill  and  only  a  small  portion  of  it  is  in  the  original  survey  of 
the  reservoir.  On  the  first  day  of  November,  1910,  I  went  out  on  this  piece 
of  land  and  built  a  house  and  I  learned  a  few  days  after  communication 
with  Mr.  Morgan  that  the  land  was  reserved  with  the  rest  of  the  reservoir. 
He  advised  me  not  to  make  any  further  improvements  at  that  time,  so  I  did 
not. 

Time  went  on  and  finally  the  land  was  released  from  the  withdrawal  and 
went  back  to  the  Government  for  its  disposition.  That  was  about  the 
third  of  September,  1911.  I  did  not  make  permanent  settlement  until  1912. 
During  this  time  Secretary  Lane  was  here  and  made  a  speech  on  the 
porch  of  the  Grandview  and  he  was  asked  as  to  the  allotting  of  Indian 
children  that  had  been  born  since  the  former  allotment  and  he  said  the 
allotments  were  closed  and  there  could  not  be  any  further  allotments  except 
those  coming  in  conflict  with  power  and  reservoir  sites. 


44 

During  1912,  after  hearing  what  he  had  to  say  about  the  allotting  and 
knowing  there  was  about  seven  thousand  (7,000)  acres  set  aside  for  lieu 
allotments,  I  supposed  this  piece  of  land  would  be  open  to  entry.  So  in  1912  I 
fenced  it  and  made  some  improvements  on  the  house  and  built  some  other 
buildings  and  a  barn  and  I  put  under  cultivation  fifty  (50)  acres  which 
is  all  that  is  under  cultivation  and  the  rest  of  it  runs  up  on  the  ridge  and 
I  have  lived  upon  the  land  since. 

I  have  asked  permission  twice  to  get  a  filing  on  the  land,  expressing  my 
desire  to  pay  for  the  land  and  the  water  and  also  use  my  homestead  right 
thereon.  I  have  been  turned  down  and  they  refused  to  give  me  a  filing.  In 
the  meantime  Secretary  Ballinger  in  1912  ordered  this  land  open  to  settle 
ment  and  entry,  asking  the  Commissioner  of  the  General  Land  Office  to  set 
the  date  and  notify  the  local  office  to  this  effect.  Instead  of  doing  this  he 
evaded  the  order  by  writing  the  local  land  office  that  this  piece  of  land, 
while  it  had  been  released,  had  again  been  set  aside  by  the  Department  for 
reallotment  to  the  Indian  and  when  I  got  my  turndown  they  stated  that 
it  was  not  classified  and  appraised.  On  the  13th  of  November,  1912,  it 
was  classified  and  appraised  by  a  Board  of  Appraisers  and  they  do  not  deny 
it,  but  the  Department  and  the  Indian  Office  do.  Q.  Who  were  the  ap 
praisers?  A.  Mr.  Morgan,  Mr.  Brown,  Mr.  Van  Hook  and  Duncan  Mc 
Donald.  I  asked  them  if  they  appraised  that  particular  piece  of  land  and 
they  said  they  did.  Q.  Were  the  appraisers  here  in  the  interval  between 
the  order  of  Secretary  Ballinger  that  this  particular  land  had  been  opened 
to  entry  and  settlement  and  the  time  when  the  Local  Land  Office  notified 
you  that  it  had  again  been  withdrawn  for  purpose  of  reallotment?  A.  Yes. 

I  have  been  on  the  land  two  years  or  better  and  I  have  made  a  failure 
two  years,  this  year  being  almost  a  total  failure.  The  crop  looked  good 
for  awhile,  but  it  parched  and  about  the  time  I  got  it  in  the  stack  I  was 
notified  that  there  had  been  two  law  suits  filed  against  me,  one  to  attach 
the  hay  that  I  did  have  and  one  was  to  eject  and  kick  me  off  the  place.  One 
suit  comes  before  the  Judge  of  the  Federal  District  Court  in  Missoula.  We 
got  the  attachment  suit  set  aside.  The  other  case  is  pending  now,  the  eject 
ment  case. 

Since  these  two  suits  have  been  brought  against  me,  I  wrote  a  personal 
letter  to  Secretary  Lane  asking  permission  to  remain  on  the  land  agreeing 
to  submit  to  any  suggestion  he  should  make.  He  sent  the  letter  to  the 
General  Land  Office  and  the  General  Land  Office  sent  it  to  the  Indian  office 
and  the  Second  Assistant  in  the  Indian  Office  wrote  me  stating  they  had 
no  knowledge  of  any  suit  and  they  had  no  jurisdiction  to  give  me  permission 
to  stay  upon  the  land.  I  have  asked  time  and  time  again  to  be  allowed  to 
pay  for  the  land  and  water  and  use  my  homestead^  right,  believing  that 
I  had  a  homestead  right.  There  is  fifty  acres  that  can  be  irrigated.  The 
other  thirty  acres  is  taken  up  by  a  high  rocky  ridge  and  the  ditch  which 
takes  up  about  eight  acres  of  the  land. 

Q.  What  was  the  price  fixed  by  the  Appraisers?  A.  They  said  they  were 
instructed  not  to  tell  and  the  General  Land  Office  claims  it  has  never  been 
appraised  and  the  Indian  Office  has  no  knowledge  of  the  appraisement. 

It  stands  now  as  a  rejected  application.  Q.  Your  contention  is  that  if 
your  filing  is  finally  approved,  it  should  be  on  the  basis  of  the  prices  fixed 
by  the  Appraising  Commission  at  the  time  they  appraised  your  land  and 
not  the  former  appraisement?  A.  I  was  under  the  impression  that  there 


45 

had  been  a  previous  appraisement  and  that  the  second  would  be  similar 
to  the  first  and  I  would  not  have  gone  on  the  land  if  I  had  any  idea  that 
they  had  the  right  to  raise  the  maximum,  which  was  $7.00  per  acre,  to  $25 
or  $30  per  acre  because  I  do  not  believe  it  is  worth  that  much. 

Q.  Your  house  was  built  before  the  land  was  actually  withdrawn  for 
reservoir  purposes  and  you  knew  at  that  time  it  was  to  be  withdrawn?  A.  No. 
It  was  shown  as  a  Reclamation  Farm  Unit  and,  of  course,  it  had  been  with 
drawn  for  the  reservoir  and  I  did  not  know  if  their  intention  was  to  run 
the  ditch  on  the  hill,  but  I  was  told  that  this  land  above  the  reservoir  was 
thrown  open  to  homestead  entry.  Q.  You  got  that  information  from  whom? 
A.  From  two  or  three  locaters  who  looked  the  matter  up  thoroughly  and 
Mr.  Glenn  told  me  there  was  no  question  but  what  I  would  get  it.  Mr. 
Glenn  showed  me  a  map  on  which  this  was  shown  as  Reclamation  Farm  Unit 
No.  4.  Q.  The  first  warning  you  had  that  you  would  be  making  improve 
ments  at  your  own  risk  came  from  Mr.  Morgan?  A.  Yes.  Q.  Would  you 
have  built  your  house  if  you  had  received  this  warning?  A.  I  built  a 
small  house  and  I  presume  would  not  exceed  $150  at  that  time. 

Q.  This  ejection  proceeding  you  refer  to,  when  it  is  determined  in  the 
Court,  will,  I  suppose,  settle  your  right  to  an  entry?  A.  I  presume  it  is  the 
only  way  it  can  be  settled  now.  Q.  Who  brought  this  ejection  proceeding 
against  3rou?  A.  Mr.  Morgan.  It  was  on  the  theory  that  it  was  for  re- 
allotment  to  Indians.  This,  he  said,  they  were  going  to  re-allot  to  the  original 
allottee.  They  received  $1,850.00  to  relinquish  and  they  picked  land  in 
Missoula  County;  in  fact,  better  land  and  his  mother  never  has  sought  to 
be  re-allotted,  but  Mr.  Morgan  saw  fit  to  put  him  back  there. 

Q.  You  are  a  farmer?  A.  Yes.  Q.  You  have  farmed  this  land?  A.  I 
have  farmed  it  two  years.  1  am  a  contractor  and  builder,  but  I  was  raised 
on  a  farm.  Q.  You  operate  the  farm  in  connection  with  your  other  work? 
A.  Yes. 

Of  course,  they  claim  they  have  the  right  to  re-allot  this  Indian,  but 
as  it  has  been  five  years  since  the  allotment  was  closed  I  cannot  see  how 
they  can  assume  the  right  to  allot  the  Indian  back  on  this  land,  five  years 
after  the  allotment  was  closed  and  they  had  ample  time  if  there  was  any 
such  agreement  and  the  od  of  December,  1911,  and  the  17th  of  August, 
1912,  when  the  Secretary  ordered  it  opened  to  settlement  and  it  was  after 
that  that  the  Secretary  ordered  it  reserved. 

I  have  the  exact  words  of  the  Secretary  in  ordering  the  General  Land 
Office  to  set  this  date  and  I  have  the  exact  words  of  the  Secretary  in  order 
ing  the  local  Land  Office  to  set  the  date  and  I  will  show  them  to  you. 

Order  of  the  Secretary  of  the  Interior,  September  25,  1911.  Restored  and 
reopened  to  settlement  the  land  in  question  in  the  following  terms  : 

"The  Commissioner  of  the  General  Land  Office  is  hereby  authorized  and 
directed  to  cause  the  records  of  his  office  and  of  the  local  land  office  to  be 
indited  accordingly  also,  to  ascertain  whether  the  land  above  referred  to  is 
withdrawn  or  reserved  by  law  or  by  any  other  order  than  that  hereto  and 
if  not  to  cause  due  notice  to  be  given  that  such  land  will  at  the  time  fixed  by 
such  Commissioner  in  such  notice  be  open  to  settlement  and  entry." 

August  24,  1912.  From  the  Asst.  Commissioner  of  the  General  Land 
Office  to  the  Register  and  Receiver  at  Kalispell,  Montana :  "The  following 
described  lands  are  withdrawn,  providing  that  said  reservoir  should  not  effect 
the  withdrawal  of  any  other  land  by  such  order  or  effect  any  other  order 


46 


reserving  or  withdrawing  the  lands  listed.  The  Department  in  1903  released 
this  land  and  on  July  8,  1909,  under  Act  of  March,  1909,  set  aside  the  lands 
and  reserved  them  for  allotment  in  lieu  of  those  in  conflict  with  power  and 
reservoir  sites.  No  dates  are  fixed  therefore  for  the  settlement  and  entry 
of  the  land  released  from  withdrawal  under  the  Reclamation  Act  and  you 
are  directed  to  make  proper  notations  on  your  records  and  acknowledge 
receipt  hereto.'" 

The  children  whom  they  went  to  were  re-allotted  lands  in  Missoula  County 
and  do  not  come  in  conflict  with  any  reservoir  site. 

STATEMENT  OF  S.  B.  HOLMES. 
Serial  No S\\%  Section  22,  Township  23  N.  Range  19  W.  M.  M. 

I  filed  about  May  15,  1911.  The  nature  of  the  land  is  agricultural,  not 
under  a  ditch  and  it  has  timber  on  practically  all  of  it.  The  timber  is  small 
and  scattered.  It  has  not  been  cruised  that  I  know  of.  It  was  cruised  under 
the  direction  of  the  first  Appraisement  Commission  and  I  do  not  remember 
how  much  timber  there  was  on  it,  but  it  was  classed  as  timber  land.  Q. 
How  did  you  come  to  file  on  it  as  agricultural  land?  A.  Well,  I  heard  that 
the  land  was  to  be  opened  as  it  had  proved  more  suitable  for  agricultural  than 
for  timber  purposes  so  I  went  over  there  and  went  into  this  land  and  estab 
lished  my  corners  and  when  I  went  over  the  land  I  found  there  was  not 
much  merchantable  timber  so  I  came  in  and  filed  and  they  accepted  my 
money  and  rejected  my  filing  on  the  grounds  of  it  being  timber  land  and 
asked  me  to  prove  it  something  else,  but  kept  my  money. 

Secretary  Lane  wrote  me  December,  1912,  or  January,  191',;,  as  I  had 
written  him  stating  the  case  and  quality  of  the  land  and  the  whole  thing 
in  general  and  I  asked  him  what  the  land  was  being  held  for  and  he  wrote 
me  and  told  me  that  this  land  has  been  classified  as  timber  land,  appraised 
at  so  much,  I  do  not  remember  the  amount,  but  not  much,  but  if  I  wanted 
to  have  it  recruised  and  it  would  warrant  the  Government  to  re-classify  it, 
they  would  attend  to  it  right  away.  I  got  that  letter  April  or  May,  this  year, 
but  I  have  not  had  it  recruised  or  appraised  as  I  could  not  get  anyone. 
I  do  not  know  who  cruised  it,  but  there  are  plenty  of  men  here  who  can 
make  affidavit  as  to  that. 

There  are  no  improvements.  I  was  waiting  for  the  Government  to  de 
cide.  Q.  How  did  you  come  to  file  on  this  land?  A.  There  was  no  other 
land  I  considered  worth  filing  on.  I  could  not  find  anything  satisfactory 
and  I  considered  this  timber  land  the  best,  so  1  picked  it.  I.  can  make 
a  field  out  of  all  of  it. 

STATEMENT  OF  JAS.  A.  TROW. 
Serial   No.   04315. 

I  made  application  for  part  of  the  reservoir  site  on  July  24,  1912,  and 
the  second  time  on  July  28,  1913.  After  being  rejected  I  made  application 
a  second  time  for  the  same  land  and  the  same  kind  of  application.  The 
first  application  was  rejected  principally  on  account  of  the  mail  and  it  did 


47 

not  reach  Kalispell  until  after  the  thirty  days  had  expired,  and  I  made  a 
second  application  and  went  through  the  same  process. 

Q.  You  made  an  application  for  an  entry  within  the  reservoir  site?  Was 
it  reserved  at  the  time  you  made  your  application  first?  A.  I  am  not  sure. 
The  understanding  was  that  it  had  been  withdrawn  for  the  purpose  of 
a  reservoir  and  I  got  this  information  from  correspondence  with  an  attorney 
at  Washington  and  I  have  the  copy  of  his  brief  here  which  explains  the 
whole  subject  matter.  Q.  You  made  your  application  through  the  advise 
of  an  attorney  who  was  of  the  opinion  that  an  entry  upon  land  that  would 
not  be  used  for  reservoir  purposes  was  in  fact  open  to  settlement?  A.  Yes. 
The  brief  of  Attorney  Samuel  Herrick  appealing  from  the  decision  of  the 
Commissioner  of  the  General  Land  Office,  which  decision  was  dated  Sept. 
29,  1913,  using  the  following  grounds :  Error  in  not  deciding  that  the  General 
Reclamation  Act  of  June  17,  1902,  makes  it  impossible  for  the  Secretary 
of  the  Interior  to  restore  to  entry  upon  the  provisions  of  the  General  Home 
stead  Laws  any  lands  which  have  once  been  set  aside  for  reservoir  use,  as 
soon  as  it  has  been  determined  that  the  land  withdrawn  will  not  be  used 
for  the  purpose  for  which  withdrawn.  Second  Error,  in  not  taking  into 
consideration  the  fact  that  the  Honorable  Secretary  of  the  Interior  had  by 
an  order  made  on  the  17th  day  of  August,  1913,  restored  the  lands  within 
the  Pablo  Reservoir  under  the  provision  of  said  Act  of  Congress. 

Mr.  Herrick  claims  that  the  only  Indian  who  could  possibly  be  eligible  to 
a  change  of  allotment  is  one  whose  allotment  comes  in  conflict  with  some 
other  power  or  reservoir  site.  That  since  seven  thousand  acres  of  Indian 
lieu  lands  were  reserved  for  allotment  to  Indians  it  is  not  necessary  that 
one  acre  within  the  Pablo  Reservoir  Site  be  allotted  to  Indians. 

Q.  What  happened  to  this  appeal?     A.  It  has  been  rejected. 

During  the  summer  of  1910  the  Honorable  Secretary  of  the  Interior  made 
an  order  prohibiting  the  changing  of  any  Indian  allotments  and  there  is  no 
authority  of  law  for  making  such  changes.  I  wish  to  say  that  following 
out  these  lines,  I  believe  that  this  land  in  the  reservoir  could  not  be  re-allotted 
and  the  only  Indian  who  could  be  eligible  is  one  whose  lands  come  in  con 
flict  with  power  or  reservoir  sites.  Q.  What  made  you  believe  this  reservoir 
site  would  ever  be  thrown  open  for  settlement?  A.  It  was  generally  re 
ported  it  was  not  to  be  used  for  a  reservoir  site  and  reading  the  law  it 
was  supposed  it  could  not  be  re-allotted. 

I  built  a  frame  house  14  x  20  and  a  frame  barn  10  x  18  and  I  resided  there 
after  the  application  was  made.  I  was  there  a  year  ago  last  winter  every 
day.  It  was  appraised  on  the  13th  day  of  November,  1912.  My  wife  was 
there  at  the  time  and  she  was  there  when  the  appraisement  was  made.  We 
have  never  been  able  to  determine  whether  it  was  appraised  or  not  and 
have  been  unable  to  find  any  record.  It  seems  the  Indian  Department  is 
very  secretive  and  will  not  disclose  the  appraisement. 

Q.  You  knew  at  the  time  it  had  been  reserved?  A.  I  suppose  it  had  been 
abandoned.  Q.  When  did  you  get  your  first  information  it  was  being  re 
served  for  re-allotment?  A.  It  was  after  I  built  my  house,  it  must  have 
been  a  year  after.  Q.  Who  advised  you?  A.  Mr.  Morgan.  I  have  a  letter 
from  him. 

It  is  under  the  ditch.  I  have  not  irrigated.  After  my  application  was 
rejected  I  moved  my  building  away,  but  I  have  my  fence. 


48 

STATEMENT  OF  ERIC  MATTISON. 
Serial  No.  04000.     E^SE^,  Section  22,  Township  22  N.  Range  20  W.  M.  M. 

The  application  was  rejected  for  the  reason  that  the  land  was  withdrawn 
for  the  purpose  of  Indian  allotment.  The  SE^SE^,  said  section  is  now 
covered  by  an  Indian  allotment  which  was  appraised  December  13,  1912. 
It  is  urged  that  the  withdrawal  was  made  without  legal  authority  and  was 
not  necessary  for  the  reason  that  it  was  done  without  departmental  authority 
and  under  special  authority  and  the  decision  appealed  from  was  affirmed  by 
the  Secretary  of  the  Interior  on  June  6,  1913. 

This  land  was  never  appraised  or  classified.  I  did  not  know,  but  I  thought 
it  had  been  opened.  A  letter  by  the  Secretary  dated  February,  1913,  ad 
dressed  to  the  Register  and  Receiver  of  the  Kalispell  Land  Office  says  it 
had  not  been  covered  at  the  time  the  appraisement  was  made,  by  an  Indian 
allotment.  The  land  was  withdrawn  on  July  8,  1909,  for  a  reservoir  under 
Section  22,  Act  of  March,  1909,  and  was  again  withdrawn  for  the  same 
purpose  February  23,  1910.  In  consequence  of  said  withdrawal,  the  Indian 
allotment  was  changed  to  other  lands.  On  October  3,  1911,  lands  were  set 
aside  and  reserved  to  provide  allotments  in  lieu  of  those  in  conflict  with 
power  and  reservoir  sites.  On  August  17,  1912,  the  order  of  February 
23,  1910,  was  revoked  and  it  was  provided  that  such  revocation  should  not 
affect  and  other  order  withdrawing  or  reserving  the  land 

Furthermore,  a  part  of  the  land  is  covered  by  Indian  allotment  No.  1357 
by  Genevive  Wilson,  the  change  being  approved  by  the  Secretary  December 
13,  1912. 

I  have  a  house  out  there  and  I  go  out  once  in  awhile,  but  I  work  in 
town.  Q.  When  did  you  make  your  improvements  there?  A.  It  was  shortly 
after  I  filed,  but  I  do  not  know  exactly.  I  filed  on  the  llth  day  of  December, 
1912.  Q.  Did  you  know  the  allotment  was  going  to  be  made?  A.  I  knew 
nothing  of  an  allotment.  The  first  word  I  got  from  the  Local  Office  was 
it  was  not  open,  but  I  understood  Genevive  Wilson  had  been  allotted  east 
and  west  of  mine.  I  built  the  house  sometime  in  December,  the  latter  part ; 
I  do  not  know  the  exact  date.  Q.  What  year?  A.  In  1912.  Q.  Did  you 
build  after  you  had  notice  of  rejection?  A.  No,  before. 

STATEMENT  OF  JAS.  WEST. 

Application   No.   4118.     S^NW^,    Section   15,   Township   22   N.    Range   20 

W.   M.   M. 

This  application  was  rejected  and  the  appeal  was  sustained  in  letter  of 
July  5,  1913,  for  the  reason  that  the  land  in  question  was  reserved  for  Indian 
allotment.  The  records  fail  to  show  that  the  land  is  included  in  any  with 
drawn  for  Indian  allotment,  however,  same  is  unclassified  and  unappraised 
and  for  that  reason  is  not  subject  to  homestead  entry.  The  applicant  re 
quested  that  the  land  be  classified  and  appraised  and  that  he  be  permitted 
to  enter  same.  The  decision  is  that  when  the  land  shall  have  been  regularly 
classified  and  appraised  and  opened  to  entry,  it  will  be  subject  to  entry 
by  the  first  legal  entry.  It  has  not  been  reserved  by  any  order  of  the  De 
partment  for  Indian  allotments  and  it  was  in  the  Reservoir  site  and  was 


49 

withdrawn  with  the  rest  of  this  land  at  the  same  time,  but  not  for  re- 
allotment.  I  did  not  make  any  improvements  on  it.  I  have  simply  carried 
the  appeal  forward. 

STATEMENT  OF  E.  N.  STOUGHTON. 
Serial  No S^SE1^,  NW^SE^,  SE^SW^,  Section  21-22-19. 

I  have  a  rejected  application  and  have  appealed  it.  I  have  been  rejected 
in  the  final  appeal  and  I  filed  on  the  same  land  and  appealed  from  the 
decision  of  the  local  office  and  have  appealed  again.  Q.  Are  you  alleging 
any  other  argument?  A.  No,  the  same,  that  it  is  worth  more  for  agricultural 
than  for  timber  land.  Q.  It  was  originally  classified  as  timber  land?  A. 
Yes.  There  is  not  much,  merchantable  timber  on  it.  The  Indian  office 
November  4,  1914,  says  that  the  exact  classification  on  the  two  tracts  amounts 
to  488,000  board  feet  and  the  value  is  $1,674,  and  that  same  have  been  re- 
examined.  "In  response  you  are  informed  that  a  re-examination  has  already 
been  made  and  they  were  reclassified  as  timber  land  under  date  of  Sep 
tember  26,  1913.  As  the  land  has  been  reclassified  as  timber  land  no  further 
examination  appears  to  be  necessary.  The  matter  of  re-examination  is 
being  taken  up  with  the  Superintendent  of  Flathead  Schools  and  when  his 
report  is  received  the  matter  will  be  taken  up." 

Q.  What  was  the  date  you  attempted  to  make  entry?  A.  It  was  in  1913 
in  the  spring.  Q.  Since  the  second  Appraisal  Commission  did  its  work  ? 
A.  I  expect  it  was. 

STATEMENT  OF  J.  H.  STEVENS. 

Case  of  Otto  P.  J.  Moseby. 
Serial  No.  03507.  SE^SW^,  Section  27,  Township  24,  N.  Range  21  W.  M.  M. 

This  land  was  originally  estimated  as  having  225,000  feet  of  timber,  value 
of  $665.00,  as  appears  in  letter  date  January  22,  1912,  from  the  Commissioner. 
A  letter  of  April  12,  1913,  from  the  Commissioner  of  the  General  Land 
Office  relative  to  this  same  land  estimates  the  timber  at  299,000  feet  and  value 
of  $897.00.  There  is  an  increase  in  the  price  of  the  timber  in  one  year  of 
about  $250  in  the  appraisement. 

Mr.  Moseby  contends  that  there  is  not  to  exceed  50,000  feet  of  saw  timber 
on  this  land  applied  for  and  its  value  does  not  exceed  $1.00  per  thousand. 
The  balance  of  the  timber  is  scrubby  and  suitable  only  for  fire  wood. 

He  has  forty  acres  of  land  adjoining  this  and  he  has  twenty  acres  of  it 
in  cultivation  and  has  live  stock,  such  as  horses,  hogs  and  chickens  and  is 
living  on  the  land  and  has  since  the  spring  of  1912.  His  application  has  been 
rejected  for  an  amendment  and  the  original  was  for  160  acres  and  approved 
for  one  forty  and  these  appeals  are  as  to  the  amended  120  acres.  His 
improvements  are  on  the  land  approved.  The  other  is  fenced.  Q.  Was  this 
land  classified  as  timber  land  when  he  made  entry?  A.  Yes, 


50 

CASE  OF  PATRICK  NORMANDEAU,  JR. 
Homestead  Application  No.  04449,  SE^SWj4,  SW^SE54;  Section  21-22-19. 


This  application  was  rejected  for  the  reason  that  it  was  classified  as 
timber  land.  The  applicant  contends  that  there  is  approximately  7,500  feet 
of  small,  scrubby  timber,  too  small  for  saw  timber  and  suitable  only  for  fire 
wood  on  this  land  and  has  sent  in  affidavits  of  his  neighbors  corroborating 
his  claims.  Q.  Whether  land  is  in  fact  agricultural  or  timber  is  determined 
by  whether  it  has  more  value  for  timber  than  for  agriculture,  is  it  not?  A. 
Yes.  Q.  And  the  representative  of  the  Department  who  makes  the  exami 
nation  is  the  man  whose  recommendation  governs  as  to  that  point?  A.  Yes. 

In  the  case  of  Otto  P.  J.  Moseby,  Mr.  A.  D.  Maynard  makes  the  state 
ment  that  it  is  poor  grazing  land  and  is  not  worth  much.  Mr.  Moseby 
offered  to  pay  for  the  timber  on  his  land  even  at  the  appraised  price  as 
fixed  by  the  Government  first,  but  he  considered  it  outrageously  high. 

Mr.  Charles  Allard,  an  Indian  allottee,  makes  the  statement  that  the  land 
classified  as  timber  lands  which  the  white  settlers  are  endeavoring  in  some 
cases  to  prove  are  agricultural  lands,  are  lands  which  the  Government  re 
fused  to  let  the  Indians  have  allotments  on  on  the  grounds  that  they  were 
timber  lands. 

MR.  J.  H.  STEVENS,  IN  THE  CASE  OF  ANDREW  L.  OLSEN. 
Homestead  Entry  No.  03778,   E^SE^,   SW*4SWJ/4,    Section  25,   23-23. 

This  entry  was  rejected  for  the  reason  it  was  classified  as  timber  land. 
This  land  is  about  twenty  miles  from  Flathead  Lake  and  the  cost  of  cutting 
and  hauling  it  to  Flathead  Lake,  the  nearest  market  for1  logs,  would  be 
about  $6.00  per  thousand.  In  a  letter  of  July  8,  1914,  from  the  Commissioner 
of  the  General  Land  Office  the  statement  is  made  that  on  the  E^SE/4,  Sec 
tion  25,  there  are  l75J/2  M  feet  of  timber,  valued  at  $526.50  and  the  agri 
cultural  value  of  the  land  is  only  $5.00.  That  on  the  SWJ4SEJ4  of  said 
Section  25  is  86  M  feet  of  timber  valued  at  $258  and  the  agricultural  value 
of  the  land  is  $2.00  per  acre  and  that  on  Lot  3,  Section  30  is  105J/2  M  feet 
of  timber  valued  at  $316.50  and  the  agricultural  value  of  the  land  is  $5.00 
per  acre.  The  applicant  contends  that  inasmuch  as  it  would  cost  about 
$6.00  per  thousand  to  get  this  timber  to  market,  it  has  no  such  value  as  is 
claimed  by  the  Government. 

STATEMENT  BY  CHARLES  ALLARD. 

This  land  that  was  taken  by  Andrew  Olsen,  Jose  Holt,  Andrew  J.  Muhler, 
and  Dennis  Sear  was  refused  to  Indians  as  allotments.  Joe  Ashley,  Mose 
Auld,  and  Marcel  Michel  applied  for  this.  Q.  The  allotting  agent  denied 
their  application  on  the  ground  it  was  timber  land?  A.  Yes.  I  have  an 
agricultural  allotment  on  the  Lake  shore. 

It  is  estimated  there  are  two  hundred  cases  on  the  reservation  of  persons 
who  are  attempting  to  file  on  lands  now  classified  as  timber  lands,  upon 
which  the  claims  are  made  that  the  land  is  more  valuable  for  agricultural 
than  for  timber. 


51 

MISCELLANEOUS  STATEMENTS  AND  COMPLAINTS. 

It  is  reported  by  a  number  of  persons  at  the  meeting  that  difficulties  have 
been  met  with  in  securing  right-of-ways  for  public  roads  across  the  allotted 
lands  on  the  reservation.  It  is  contended  by  the  Indians  on  the  other  hand 
that  requests  are  made  for  roads  in  many  cases  without  consulting  the  best 
interests  of  the  Indians  and  that  attempts  are  made  to  make  roads  across 
the  center  of  small  allotments. 

Dr.  Geo.  B.  Owen  and  Jas.  Harbert  call  attention  to  an  advertisement  for 
about  100  tracts  of  land  on  the  Flathead  Reservation  for  sale  November 
16  and  object  to  the  cash  sealed  bid  plan  of  selling  deceased  Indian  lands, 
stating  that  the  plan  results  in  placing  the  lands  in  hands  of  speculators  to  the 
detriment  of  the  Indian  and  settler  alike  and  recommend  the  substitution 
of  an  installment  plan  of  sale  on  reasonable  terms  at  public  auction. 

Dr.  Owen  calls  attention  to  the  hardship  on  the  bidder  under  the  present 
plan,  stating  that  the  bidder  is  out  the  use  of  10  per  cent,  of  his  money  until 
his  bid  is  accepted  by  the  Superintendent,  when  he  has  to  deposit  the  balance 
and  that  he  has  to  wait  six  months  longer  while  the  sale  is  being  approved 
in  the  Department  and  the  Indian  often  changes  his  mind  through  other 
people's  influence  and  the  sale  is  disapproved  and  the  bidder  is  compelled  to 
stand  the  loss  of  interest  and  other  inconveniences. 

MR.  AU.ARD.  We  took  it  up  about  a  year  ago  with  Mr  Lipps  regarding  the 
matter  Mr.  Harbert  spoke  about  and  have  taken  it  up  with  Senator  Walsh  and 
he  recommends  the  lands  be  sold  at  public  auction. 

MR.  GREGG.  Strangers  come  in  from  other  states  and  they  do  not  know 
if  they  got  the  land  they  bid  on  and  go  home  and  if  we  had  public  auction 
they  could  bid  on  other  lands,  but  they  refuse  to  come  in  and  bid  on  these 
terms. 

Referring  to  Section  11,  Act  of  April  24,  1904,  and  Amendment  to  same 
Section,  Act  of  March,  1905,  Mr.  Harbert  strongly  urges  that  the  Board 
support  the  bill  now  pending  before  Congress  providing  for  the  sale  and 
entry  of  timber  lands  which  are  suitable  for  agricultural  purposes. 

STATEMENT  OF  H.  M.  BLAIR,  LESSEE  OF  INDIAN  LANDS. 

We  have  a  rainfall  of  about  fifteen  inches.  I  think  experts  will  agree 
that  it  is  impossible  to  farm  successfully  on  fifteen  inches  of  rainfall  with 
out  summer  fallow  or  irrigation.  The  Department  will  not  lease  for  any 
period  longer  than  two  years  without  improvements.  In  leasing  the  land 
we  can  have  only  a  two  years'  lease  and  it  is  impossible  to  summer  fallow 
and  the  first  year  I  could  leave  the  summer  fallow  and  seed  it  in  the  fall 
and  the  next  year,  I  could  not  leave  any  for  summer  fallow,  as  I  have  no 
lease  for  the  next  year  and  could  not  get  it  until  seven  months  before  the 
expiration  of  my  lease.  I  have  lived  in  Washington  and  they  follow  the 
summer  fallow  plan  and  they  summer  fallow  about  once  in  three  years 
and  could  we  renew  our  lease  before  the  end  of  the  second  year,  we  could 
plan  so  we  could  have  our  land  ready  to  seed  at  the  right  time  and  could 
make  more  money  than  trying  to  farm  the  same  land  each  year.  You 
cannot  keep  the  land  clean  that  way  and  I  think  that  wheat  raisers  will  bear 


52 

me  out  that  you  cannot  successfully  farm  without  clean  land  and  the  only 
way  that  is  successful  is  to  summer  fallow. 

Q.  Do  you  think  the  improvement  leases  of  this  reservation  have  been 
satisfactory  to  the  Indian?  Have  the  improvements  been  up  to  standard 
and  the  farming  up  to  a  standard  that  put  the  Indian  in  a  better  condition? 
A.  In  most  cases  they  have  not.  The  improvements  are  not  very  satisfactory 
or  very  good.  The  soil  is  foul  with  wild  oats  and  mustard.  Q.  Do  you 
think  it  would  be  preferable  to  have  a  system  of  leasing  by  which  the  Indian 
determined  whether  he  would  want  a  crop  share  or  cash?  A.  A  good  many 
of  us  have  always  been  in  favor  of  the  crop  leases  as  one  gets  more  out 
of  it  and  it  makes  it  of  more  interest  to  the  farmer.  However,  many  of 
the  Indians  are  not  competent  to  lease  their  own  land.  If  we  had  one  Indian 
Representative  with  the  Agent  on  this  reservation  there  would  be  only  one- 
half  the  trouble. 


EXHIBIT  "C." 

Affidavits  and  statements  of  homestead  entrymen  who  made  sus 
pended  applications  under  letter  "K,"  showing  date  of  entry,  entry- 
man's  understanding  as  to  appraisal  and  classification  of  the  land 
entered,  appraised  value  of  similar  and  adjacent  lands,  etc. 

S.  B.  ALLEN,  Dayton,  Montana. 
Description,  NE/4  of  SE/4,  Sec.  4,  T.  24,  R.  21,  MM. 

Made  filing  and  settlement  Nov.  1,  1910.  Same  was  suspended  entry, 
was  allowed  Dec.  5,  1913.  Made  first  payment  of  one-third  appraised  price  of 
$25  per  acre.  Improvements :  Dwelling  house  and  barn ;  land  all  fenced ; 
about  18  acres  plowed.  Have  lived  continuously  on  the  land  since  settle 
ment.  This  land  is  a  farm  unit  in  the  Flathead  irrigation  project.  No 
ditches  built.  Crops  have  been  practically  a  failure,  each  year.  Allen  was 
led  to  believe  that  the  price  of  the  land  would  be  $7  or  less  per  acre  accord 
ing  to  classification.  Adjoining  lands  of  same  class  were  appraised  at  $2.50 
per  acre.  Other  land  half  mile  away  of  same  class  is  appraised  at  $1.25 
per  acre. 

JAMES  A.  McDAVID,  Big  Arm,  Montana,  Serial  No.  02316. 

I,  James  A.  McDavid,  having  a  number  for  filing  on  a  homestead  in  the 
Flathead  Indian  Reservation,  and  on  Sept.  12,  1910,  according  to  Letter 
"K,"  made  entry  on  the  NE/4,  Sec.  8,  T23  N.,  R.  21  W.,  MM.,  an  aban 
doned  Indian  allotment,  awaiting  the  homestead  appraisement.  After  mak 
ing  this  my  home  and  residing  continuously  (living  in  suspense)  on  this 
place  for  last  four  years,  on  last  Dec.  10,  1913,  I  was  notified  from  local 
land  office  at  Kalispell  that  I  had  30  days  from  that  date  to  pay  the  1/3 
of  the  appraisement  as  first  payment  on  the  land,  viz : 


53 

The   NW/4,   40   acres    at  $7 $280 

The  NE/4,  40  acres  at  $5 200 

The   S/2,    80  acres   at  $3 240 

Total    $720 

And  in  addition  $75  for  a  few  more  than  a  dozen  trees  on  the  place. 

All  this  was  a  sad  surprise  to  me.  Therefore  I  filed  under  protest.  I 
claim  this  appraisement  is  unjust.  Similar  lands  adjoining  were  but  $1.25 
under  first  appraisement.  There  are  only  25  or  30  acres  that  can  be  plowed 
and  even  that  is  spotted  with  alkali  and  very  stony,  the  south  half  is  prac 
tically  all  stone,  stony  ravines,  ledges,  pinacles,  hog-backs,  etc.  In  fact,  it  is 
poor  even  for  grazing  purposes.  Had  I  known  this  in  the  beginning,  I 
would  have  stayed  in  Ohio.  This  was  the  best  I  could  do  when  my  number 
and  name  was  called.  I  did  not  think  this  160  acres  would  be  classed  as 
agricultural  land,  therefore  I  was  willing  to  use  my  homestead  right.  I 
have  had  to  work  miserably  hard  since  on  this  homestead  and  did  not  come 
out  here  to  purchase  land.  This  is  why  I  pray  for  relief. 

JAMES  A.  MCDAVID,  Big  Arm,  Mont. 
Nov.  18,  1914. 

Note. — I  walked  over  this  land  with  Mr.  McDavid  and  can  certify  to  the 
accuracy  of  his  statement  about  its  physical  character. 

F.  H.  ABBOTT. 

CORWIN  H.  BARNETT,  Big  Arm,  Montana. 
80  acres  known  as of  Sec T.  23  N.,  R.  21  W.,  MM. 

Barnett  moved  onto  this  place  Nov.  1st,  1910,  with  family  and  got  a 
suspended  filing  for  same  on  same  day.  He  has  45  acres  under  cultivation 
which  is  all  that  can  be  cultivated.  He  has  spent  over  $1,500  for  improve 
ments  and  stock  required  on  the  place.  Has  hauled  over  100  loads  of  rock 
off  said  land  and  has  put  400  loads  of  manure  on  same.  Has  lived  con 
tinuously  on  the  land  ever  since  except  for  short  absences  of  a  day  or  so 
at  a  time  when  gone  for  supplies  or  at  work  to  earn  support  for  his  family, 
some  of  whom  have  been  on  the  place  every  day. 

"All  the  adjoining  lands  near  this  land  were  appraised  at  $1.25  per  acre 
by  the  first  appraisement  commission  and  I  expected  to  get  mine  at  the 
same  appraisal.  However  in  Nov.,  1913,  we  were  notified  that  one  40-acre 
tract  had  just  been  appraised  at  $13  per  acre  and  the  other  at  $7  per  acre, 
making  a  total  of  $800  for  this  80-acre  homestead,  which  is  more  than  I 
can  possibly  raise,  and  unless  I  can  be  allowed  to  homestead  this  80  at  a 
more  reasonable  price,  I  will  have  to  lose  what  I  have  already  spent  on  this 
place,  which  is  all  I  have." 

(Signed)  CORWIN  H.  BARNETT. 
Nov.  18,  1914 

Big  Arm,  Montana. 

Note. — I  walked  over  Mr.  Barnett's  land  with  him  and  verified  personally 
his  statement  about  the  physical  character  of  his  land.  I  believe  his  state 
ment  is  all  true.  F.  H.  ABBOTT. 


54 

WILLIAM  H.  PAINE,  Big  Arm,  Mont,   No.  03341. 
NE/4NE/4,  SE/4SE/4,  of  Sec.  11,  T23,  R.  22W. 

Tendered  filing  May  12,  1911;  settled  June  12,  1911.  He  received  an 
accepted  filing  Mar.  9,  1914.  House  and  fencing;  partly  plowed.  Land 
appraised  at  $5  per  acre  and  adjoining  lands  at  $1.25  per  acre.  There  is 
timber  thereon,  government  estimate  102  M  feet  at  $3  per  M  feet.  Has  sworn 
statement  of  James  DeStaffaney  who  estimated  this  timber  in  1911  that 
the  amount  of  timber  on  this  land  was  57  M  feet  and  he  placed  a  value  on 
this  timber  at  50  cents  per  M,  being  bull  pine  of  poor  quality  and  unmerchant 
able.  Am  still  living  on  the  land. 

WALTER   C.   HOBBS,    Big   Arm,    Mont. 
East  half  of    SW/4,   Sec.   32,   T.   24,   R.   21,    MM. 

Tendered  filing  under  rights  of  his  number  drawn  in  land  lottery  on 
May  12,  1910.  Was  rejected  account  being  unappraised  and  not  classified.  Im 
mediately  after  Oct.  31,  1910,  he  squatted  upon  this  80  acres  and  has  lived  there 
continuously.  On  Jan.  3d,  1911,  he  tendered  a  filing  for  this  land  under  his 
squatter's  rights  and  was  suspended.  Improvement :  House  and  barn,  and 
other  necessary  buildings.  All  fenced  and  under  cultivation.  Total  ap 
praisement  of  this  80  is  $1,800,  while  the  total  -appraised  value  of  1,100  acres 
of  adjoining  lands  around  him  is  only  $1,450,  or  $1.25  per  acre. 

Crops  have  been  a  failure  for  the  past  four  years  Has  to  haul  water 
from  lake  for  family  and  stock. 

Note. — I  walked  over  this  80  with  Mr.  Hobbs.  He  could  have  said  truth 
fully  that  the  land  has  black  alkali,  has  a  course  gravel  soil  from  which 
many  loads  of  stone  have  been  removed.  It  is  almost  worthless  for  pur 
poses  of  agriculture  without  irrigation.  Mr.  Hobbs  had  borrowed  money 
to  the  limit  of  his  credit  and  said  he  was  unable  to  meet  the  payment  due 
on  the  entry  within  a  few  days.  I  reported  this  case  to  Commissioner  Tall- 
man,  who  acted  promptly  and  suspended  the  required  payment. 

F.  H.  ABBOTT. 

GEORGE  H.  SPARKLING,  Elmo,  Mont.,  No.  92,439. 
West  half   SW/4  of   Sec.  27,   T.  24,   R.  22. 

Filed  Nov.  1st,  1910.  Settled  same  date.  Has  lived  there  with  family 
ever  since.  Improvements :  All  tillable  land  is  plowed,  all  fenced ;  house 
and  barn,  and  other  outbuildings.  The  total  value  of  improvements  is 
$1,500.  Land  is  appraised  at  $10  per  acre.  Timber  is  appraised  at  $3  per 
M,  scrub  pine,  almost  worthless.  Only  4^  acres  of  one  forty  is  tillable 
and  rest  is  so  steep  that  stock  will  not  graze  it.  Crops  have  been  a  failure. 
Hauls  water  two  miles  for  stock  and  household. 

Like  others,  made  settlement  with  the  understanding  that  the  appraise 
ments  of  these  lands  would  be  from  $1.25  to  $7.00  per  acre. 


55 

JOHN  N.  MARQUIS,  Elmo,  Mont,  No.  02425. 
160  acres,  Sec.  21,  T.  24,  R.  22. 

Filed  on  1st  of  Nov.,  1910,  and  settled  on  land  that  midnight,  and  lived 
there  ever  since.  Improvements  :  Big  house  and  barn ;  eighty  acres  fenced  ; 
25  acres  tinder  cultivation.  This  land  appraised  at  $3  and  $4  per  acre  on 
two  forties.  All  adjoining  lands  round  about  are  appraised  at  $1.25  per 
acre.  Has  to  haul  water.  This  land  is  no  better  than  the  surrounding 
$1.25  lands.  The  $4  land  is  not  as  good  as  some  of  the  $1.25. 

CHARLES    E.    TREKELL,    Big    Arm,    Mont.,    No.    02610. 
NW/4   of   SW/4,    Sec.   5,   T.  23,    R.   21. 

Filed  Nov.  9,  1910,  settled  on  same  Nov.  1,  1910.  Improvements :  Good 
house  and  outbuildings,  all  fenced,  partly  plowed.  Value  of  improvements, 
$1,500.  Land  is  appraised  at  $12  per  acre  while  adjoining  lands  of  same 
class  were  appraised  at  $1.25  per  acre.  Has  lived  continuously  thereon 
since  settling  there. 

FRANK  MASTERSON,  Dayton,  Montana. 
Lots  1,  2,  3  and  4,   of   Sec.  3,  T.  24,   R.  21  W.,   MM. 

Filed  Nov.  1st,  1910,  and  settled  on  same  date,  and  lived  thereon  con 
tinuously  ever  since.  Improvements :  Five-room  house,  good  barn,  and 
other  outbuildings,  with  a  total  value  of  about  $1,500.  This  land  appraised 
at  from  $5  to  $20  per  acre  and  adjoining  lands  of  the  same  class  at  $1.25 
and  $1.50  per  acre  and  another  piece  at  $2.50.  No  water  on  this  land. 

ROLLO  T.  McALISTER,  Elmo,  Montana,  No.  02424. 
NE/4  of  NE/4  and  SE  of  NE/4,  Sec.  28,  T.  24,  R.  22. 

Filed  Nov.  1st,  1910.  Settled  on  same  about  March,  1911.  Resided  con 
tinuously  thereon.  Improvements :  8-room  house,  barn,  granary  and  other 
outhouses ;  land  all  fenced,  45  acres  plowed,  no  water.  Hauls  water  about 
8  miles.  Value  of  improvements  about  $2,500.  All  lands  around  this  land 
were  originally  appraised  at  $1.25  per  acre  and  my  land  was  appraised  at  $8 
and  $10  per  acre.  All  the  land  that  could  be  cultivated  on  this  tract  has 
been  plowed.  Am  having  to  pay  13 1/2  per  cent,  interest  on  money  to  pay 
on  this  land  and  want  an  extension  of  time  and  reduction  to  fair  appraise 
ment. 

JESSE  O.  BLACK,  Dayton,  Montana. 
S3  of  NE/4,   S/  of  NW/4,   Sec.  3,  T.  24,  R.  21. 

Filed  on  land  Sept.  16,  1910;  settled  March  8,  1911,  and  lived  thereon 
continuously  ever  since.  This  land  was  appraised  at  $12  to  $20  per  acre, 
totalling '$2,240.  This  land  was  thrown  open  to  settlement  by  letter  "K" 
Aug.  26,  1910.  All  this  land  has  been  fenced  by  me,  90  acres  plowed;  four- 


56 

room  dwelling  house  and  outbuildings,  value  $2,000.  My  number  was  4915 
in  the  Government  land  drawing  of  1910.  Adjoining  lands  were  appraised 
at  $1.25  and  $2.50  per  acre. 

Statement  of  MR.  WILLIAM  H.  SABIN,  Settler  Living  About  Three  Miles 
Northwest  of  St.  Ignatius. 

Mr.  Sabin  came  at  the  beginning  with  the  intention  of  taking  up  land 
as  soon  as  the  Number  Men  had  been  accommodated,  believing  that  there 
would  be  plenty  of  land  remaining  for  settlement. 

Mr.  Sabin  made  his  application  for  filing  November  1st,  1910.  His 
was  one  of  the  "Suspended  Filings."  The  land  filed  on  by  Mr.  Sabin  was 
not  appraised  at  the  first  appraisement,  being  an  Indian  allotment  relinquished 
in  1909.  This  land  was  appraised  at  Ten  Dollars  an  acre,  similar  land  in 
the  vicinity  having  been  appraised  at  the  first  appraisement  at  Seven  Dollars 
an  acre. 

Mr.  Sabin  has  made  his  first  payment  and  has  also  put  in  application  for 
reappraisement. 

Mr.  Sabin  states  as  a  fact,  that  the  great  majority  of  those  who  have 
taken  up  land  under  the  reappraisement  were  here  practically  from  the 
beginning  and  were  lead  to  believe,  by  everything  that  had  been  published, 
that  they  would  receive  their  lands  on  the  basis  of  the  first  appraisement. 

In  the  appraisement  of  1912  Mr.  Sabin's  homestead  is  classified  as  second- 
class  land,  while  all  the  surrounding  land  was  classified  as  first-class. 

Made  at  St.  Ignatius,  Mont.,  Nov.  16,  1914,  in  the  presence  of  Commissioner 
Ketcham. 

Note. — The  following  correspondence  between  Mr.  Sabin  and  the  General 
Land  Office  is  interesting  as  showing  why  settlers  had  a  right  to  believe 
there  would  be  prompt  appraisal  at  the  prices  fixed  by  the  first  Commission 
for  similar  lands.  F.  H.  ABBOTT. 

[COPY] 
WESTERN  UNION 

TELEGRAM. 

2  50  P  10-20-10 

Ca  Washington  D  C 
William  H.  Sabin  c/o  Beckwith  Merc.  Co. 

St.  Ignatius,  Mont. 

Number    two    open    not    appraised    number    twenty 
eight  not  open. 

Dennett    Comr. 


In  reply  please  refer  to     82514-1910     "K"     F.B.W. 

WASHINGTON,  November  18,  1910. 

STATUS   OF  LANDS. 

MR.  WIWJAM  H.  SABIN, 

Beckwith  Mercantile  Company, 

St.  Ignatius,  Mont. 
SIR: 

Your  letter  of  November  4,  1910,  was  duly  received.  The  SW^  NW^4 
and  Lot  4,  Sec.  2,  T.  18  N.  R.  20  W.,  Flathead  lands,  was  formerly  covered 
by  an  Indian  allotment,  since  relinquished,  and  the  land  has  never  been 


57 

appraised.  The  land  is  to  be  appraised  at  some  time  in  the  near  future  by 
the  Indian  office,  but  in  the  meantime  there  is  no  reason  why  you  cannot 
settle  on  the  land  and  make  your  improvements. 

You  state  that  your  application  for  said  land  has  been  suspended  by  the 
local  land  office  at  Missoula,  Montana.  Such  action  is  in  accordance  with 
instructions  given  it  by  this  office. 

Very  respectfully, 

FRED  DENNETT, 

Commissioner. 


U.  S.  LAND  OFFICE, 
Washington,  D.  C. 

I  received  telegram  of  the  29th  ult  from  Com.  Dennett  in  reply  to  my 
letter  of  a  few  days  before,  regarding  the  following  land : — S.  W.  Y^  NWP 
&  Lot  R,  Sec.  2,  T  18,  N  R,  20  W,  Montana  Meridian. 

Upon  offering  my  application  for  filing  at  Missoula  Office  my  filing  fees 
were  accepted  but  my  application  was  suspended. 

I  offered  payment  on  same  but  was  not  accepted.  Now  as  it  is  getting 
late  in  the  season  I  am  very  anxious  to  get  buildings  up  before  winter 
and  I  would  like  of  some  more  assurance  that  every  thing  will  be  O.  K.,  so 
that  I  can  go  ahead  and  build.  There  was  no  other  reason  why  they  did 
not  take  payment  other  than  that  it  was  not  appraised,  there  was  no  contest 
or  such  to  hold  it  up. 

Could  you  give  me  any  further  information  regarding  the  land  so  that 
I  could  be  assured  that  it  would  be  alright  for  me  to  go  to  building. 

If  it  is  alright  please  wire  me  or  if  not  also  and  then  write  me  fully  about 
it.  Awaiting  an  early  reply, 

I  remain, 

Yours  truly, 

W.  H.  SABIN. 


In  reply  please  refer  to    82514-1910    "K"    F.B.W. 

WASHINGTON,  October  29,  1910. 
MR.  WIWJAM  H.  SABIN, 

Care  Beckwith  Mercantile  Company, 
St.  Ignatius,  Montana. 

SIR: 

Confirming  my  telegram  of  October  29th,  I  have  to  advise  you  that  the 
records  of  this  office  show  that  the  SW^4  NW^4  and  Lot  4  of  Sec.  2, 
Twp  18,  North  R,  20  West  are  vacant,  having  been  formerly  covered  by 
an  Indian  allotment  which  was  changed  to  other  lands,  but  the  same  has 
not  yet  been  appraised.  The  land  is  subject  to  settlement  but  the  local 
officers  are  not  permitted  to  allow  an  entry  thereof  until  after  the  appraise 
ment  has  been  made.  They  can  receive  applications  for  the  land  and  sus 
pend  them  pending  such  appraisement. 

It  further  appears  that  the  SE}4  NEP,  and  the  Ej4  SE^  of  Sec.  28  same 
Twp.  and  R.  is  covered  by  a  patented  Indian  allotment,  No.  2316,  in  the 
name  of  Louis  Eneas  Sculkah,  a  Flathead  Indian. 

Very  respectfully, 

FRED  DENNETT,  Commissioner. 


58 

STATEMENT  OF  BENJAMIN  F.  KRANTZ,  SETTLER,  TWO  MILES 
SOUTH   OF   ST.   IGNATIUS. 

Mr.  Krantz  was  on  the  reservation  at  the  time  of  the  opening.  He  was  not 
one  of  the  Number  Men,  but  put  in  his  application  for  filing  November 
14th,  1910.  His  was  one  of  the  "Suspended  Filings."  He  believes  his  tract 
was  one  of  the  cancelled  Indian  allotments.  The  adjoining  land  was  ap 
praised  at  the  first  appraisement  at  One  Dollar  and  Fifty  Cents  an  acre. 
His  land  at  the  second  appraisement  was  appraised  as  follows: 

1  forty  at  $12.00 
1  forty  at  10.00 
1  forty  at  7.00 
1  forty  at  5.00 

He  has  been  on  the  land  practically  since  the  application  for  filing.  He 
has  made  one  payment. 

Mr.  Krantz  states  he  believes  the  great  majority  of  settlers  who  took 
up  land  under  the  second  appraisement  were  here  at  the  beginning  and 
made  application  for  filing  in  good  faith,  believing  that  when  appraisement 
was  made  it  would  be  made  on  the  same  basis  as  first  appraisement.  He 
does  not  know  of  any  one  who  has  come  recently  and  filed  on  land  since 
the  second  appraisement. 

According  to  the  maps  of  the  Locating  Agents  this  particular  property 
was  classified  as  grazing  land. 

The  land  of  another  settler,  Mr.  S.  R.  Dixon,  one  mile  distant  and  three 
hundred  feet  lower  in  altitude,  has  been  appraised  at  practically  Two  Dol 
lars  an  acre.  This  land  was  appraised  by  a  special  appraisement  a  short 
time  after  it  was  filed  on.  The  settlers  do  not  understand  these  special 
appraisements,  of  which  there  have  been  a  number. 

Statement  made  at  St.  Ignatius,  Mont.,  Nov.  16,  1914,  before  Commissioner 
Ketcham. 

STATEMENT  OF  NATHAN  HART. 

Serial  No.  02286,  NW^SE^,  Section  5,  Township  22  N.  Range  20  W.  M.  M., 
Known  as   Unit   "C." 

I  filed  on  the  second  day  of  September,  1910,  and  I  moved  onto  the  land 
the  20th  day  of  February,  1911,  and  have  lived  there  continuously  ever 
since.  The  appraised  value  was  $30.00  per  acre.  We  supposed  it  would  be 
appraised  at  whatever  the  first  appraisement  of  the  different  classes  of  land 
was,  not  over  $7.00  per  acre.  First-class  agricultural  land  was  appraised 
at  $7.00  per  acre,  maximum.  I  drew  No.  3197  at  the  drawing.  In  proving 
up,  we  figured  my  improvements  at  $3,000.  These  were  on  the  land  at 
the  time  of  the  second  appraisement.  The  land  that  joins  me  on  the  west 
was  appraised  at  $2.50  per  acre  and  Mr.  Lowary  has  a<  forty  cornering 
me  on  the  northwest  which  was  appraised  at  $1.25,  but  it  is  rougher  land 
than  mine.  On  the  west  end  it  is  level  and  the  soil  is  deeper  than  on  mine. 

I  expected  to  get  the  land  at  the  price  paid  for  similar  land.  I  pro 
tested  to  the  Local  Land  Office.  I  paid  the  price  to  get  the  thing  finally 
settled  and  I  had  only  thirty  days  and  I  had  to  pay  or  lose  my  improvements. 

It  is  under  the  irrigation  or  supposed  to  be.    There  is  no  ditch.    Q.  Could 


59 

they  get  water  on  the  land?  A.  I  do  not  know  how  they  would  get  it  on 
unless  it  was  pumped.  I  should  say  my  land  at  the  lowest  point  is  thirty 
(30)  feet  above  the  river.  It  would  have  to  be  pumped  I  have  never  re 
ceived  any  water  and  do  not  expect  to. 

STATEMENT  OF  BEN   CRAMER. 
Serial  No Drawing  Number  4678. 

When  I  went  to  file  I  had  three  or  four  pieces  of  land  in  view  and  I 
choose  Unit  "B,"  47  acres  in  Section  14,  Township  22  N.  Range  20  W.  M.  M., 
and  I  filed  on  the  15th  day  of  September,  1910,  and  moved  onto  the  place 
about  the  middle  of  November  the  same  year.  I  put  on  a  house  that  cost 
$1,500.00,  a  granary  16  x  20,  costing  about  $200,  a  barn  costing  about 
$500;  fenced  the  place;  broke  it  and  put  in  a  crop  the  coming  spring. 

Q.  What  is  the  total  value  of  your  improvements  ?  A.  When  they  ap 
praised  the  land  they  placed  the  valuation  at  $2,500  and  it  was  cheap  at  that. 

My  understanding  was  that  they  would  not  charge  over  $7.00  per  acre. 
Q.  What  were  the  sources  of  your  information?  A.  I  had  read  the  bill 
of  the  opening  of  the  reservation  and  that  gave  me  an  idea  and  Mr. 
Swaney,  the  Register  of  the  Land  Office  at  Kalispell,  told  me  it  could  not 
be  over  $7.00  per  acre.  I  had  also  the  information  in  Letter  "K"  and  had 
read  the  letter  several  times  and  thought  there  was  no  chance  of  losing 
my  rights  if  I  went  on  the  land. 

Q.  What  was  the  land  appraised  at  in  the  second  appraisement?  A.  $25.00 
per  acre.  Q.  You  had  the  impression  that  you  would  pay  the  same  appraised 
price  as  the  lands  already  open?  A  Yes,  and  thought  it  would  be  classed 
the  same  as  that  already  appraised,  that  is  what  Mr.  Swaney  told  me.  It 
is  not  irrigated,  but  could  be.  I  have  not  received  water. 

Q.  You  used  your  homestead  right  on  the  forty  acres?  A.  Yes,  I  got 
notice  that  they  had  cut  off  seven  acres.  I  proved  up  and  I  paid  $25  per 
acre  and  I  had  to  pay  that  or  lose  my  improvements  and  they  cost  me  more 
than  $2,500.  Q.  They  were  on  the  land  at  the  time  of  the  second  appraise 
ment?  A.  They  took  them  into  consideration  at  the  time  of  the  appraise 
ment  and  the  report  of  the  improvement  was  $2,500  and  $25.00  per  acre. 
When  I  filed  on  the  land  I  understood  from  Mr.  Swaney  and  from  the  in 
formation  I  could  get  that  it  would  be  about  one  and  one-half  or  two 
years  and  it  was  four  years  before  I  got  a  filing.  My  intention  was  to 
make  an  orchard  and  I  ordered  3,500  trees  and  I  saw  that  I  was  tied  up 
and  I  set  them  out  on  my  little  girl's  place  and  after  I  proved  up  I  got  a 
chance  to  get  almost  even  by  selling  it. 

My  wife  has  an  allotment  on  the  reservation.  Q.  Do  you  use  water? 
A.  No ;  I  saw  it  was  going  to  cost  me  so  much  for  water.  I  did  not  protest. 

STATEMENT  OF  CHAS.  M.  MANSUR. 
Serial  No E^SW^,  Section  25,  Township  21  N.  Range  23  W.  M.  M. 

I  filed  on  the  29th  day  of  September,  1910,  and  established  residence  the 
6th  day  of  October,  1910.  That  has  been  my  residence  for  the  past  four 
years.  I  put  on  a  house,  barn,  ice  house  and  granary.  Fenced  it,  cross 


60 

fenced  it,  broke  seventy  acres,  planted  an  orchard  of  about  one  hundred 
trees  and  about  sixty  small  fruits. 

I  do  not  know  if  it  is  under  the  irrigation  or  not.  There  is  no  ditch  in 
the  valley.  I  do  not  know  if  it  is  classified  as  irrigated  land. 

I  drew  No.  5293.  The  locator  who  was  operating  under  government 
supervision  and  the  local  Land  Office  advised  me  that  they  had  been  in 
structed  on  this  land,  under  what  they  called  Letter  "K,"  that  we  would 
receive  the  same  treatment  as  people  who  had  filed  prior  to  us  and  whose 
land  had  been  appraised  and  that  our  land  would  be  appraised  as  first, 
second  or  third-class  land.  I  talked  to  some  of  the  people  who  had  filed 
on  the  higher  priced  land  and  I  found  it  was  about  $2.50  per  acre.  Mr. 
Ralph  Tower  who  drew  No.  18,  and  in  my  opinion  got  the  best  land  not 
under  irrigation,  and  who  lives  a  mile  west  of  me  had  his  land  appraised 
at  $2.00.  I  expected  to  pay  about  $1.00  per  acre.  This  year  it  was  all  plowed 
in  a  very  farmerlike  manner,  but  I  could  not  thresh  and  cut  some  of  it  for 
hay.  I  lost  about  $250.00  on  my  farming  this  year  or  possibly  $300. 

I  have  not  proved  up.  Q.  What  would  be  the  maximum  appraisement 
on  land  similar  to  this?  A.  $2.00  per  acre.  Q.  What  was  your  appraisement? 
A.  $12.00  on  one  forty  and  $15.00  for  the  other  forty.  Q.  What  would 
the  land  bring  per  acre  at  present  prices?  A.  I  do  not  know,  I  suppose  $25 
or  $30  per  acre  with  the  improvements. 

STATEMENT  OF  VIRGIL  A.  BUCHANAN. 

It  is  eight  miles  south  and  two  miles  west  of  Poison  in  21-20.  I  went 
on  the  land  February  22,  1911.  Q.  Did  you  draw  a  number?  A.  Yes.  Q. 
Your  land  is  among  the  ones  that  were  not  appraised?  A.  I  got  a  sus 
pended  filing.  There  was  no  appraised  land  I  could  secure.  There  was 
appraised  land  at  the  time  I  think,  but  I  preferred  to  take  this.  It  was  a 
broken  unit  of  160  acres,  Lots  1,  2,  3  and  4,  and  Lot  1  was  taken  up  by  a 
former  location  and  I  took  the  other  three.  I  do  not  know  how  it  hap 
pened  it  was  not  appraised.  I  believed  that  if  I  went  ahead  and  took  the 
land  when  it  was  appraised  it  would  be  the  same  as  land  adjoining  of  the 
same  class.  I  made  the  first  improvement  in  October,  1911. 

Q.  Was  Letter  "K"  in  effect  when  you  made  your  entry?  A.  I  do  not 
know  if  it  was  or  not.  Q.  This  was  a  suspended  filing?  A.  Yes.  Q.  And 
from  the  fact  that  it  was  only  suspended  you  assumed  you  would  be  able 
to  make  proof  and  after  the  appraisement  was  made  you  thought  you  would 
be  able  to  pay  for  it  and  get  title  the  same  as  other  settlers?  A.  It  was 
appraised  at  $7.00  per  acre  and  $3.50  and  the  same  identical  land  adjoining 
was  appraised  at  $1.50  per  acre.  It  is  grazing  land. 

Q.  Can  you  get  water  on  it  ?  A.  I  should  have  under  the  old  survey,  but 
they  changed  the  survey  and  I  will  have  but  about  five  acres  under  the  ditch. 
Q.  Did  it  change  the  value  of  your  land  if  you  had  water?  A.  It  would 
save  me  hauling  water  from  the  place  adjoining  and  when  he  has  no  water 
I  have  to  haul  it  about  five  miles. 

I  have  made  final  proof  and  I  did  not  protest  at  the  time.  My  improve 
ments  are  valued  at  $3,500.  They  were  made  after  the  appraisement.  When 
the  appraisement  was  made  I  just  had  a  shack,  but  now  I  have  a  house,  barn, 
granary,  etc. 


61 

EXHIBIT  "D." 

Letter  of  Mr.  C.  F.  Rathbone,  U.  S.  Commissioner  at  Ronan, 
Montana,  showing  his  belief  that  prices  fixed  by  first  Commission 
would  govern  in  the  case  of  entries  made  under  letter  "K." 

[COPY] 

RONAN,  MONTANA,  Nov.  14,  1914. 
HON.  F.  H.  ABBOTT, 

Secretary  Board  of  Indian  Commissioners, 

Washington,  D.  C. 
SIR: 

Per  your  request  for  a  copy  of  the  notice  sent  out  to  those  who  have  made 
homestead  application  for  withdrawn  or  unappraised  lands  on  the  Flathead 
reservation,  by  the  local  land  office,  and  also  by  the  Hon.  Commissioner  of 
the  General  Land  Office,  when  appeal  had  been  taken,  I  have  the  honor  to 
submit  a  true  copy  of  one  which  is  now  in  my  possession,  and  it  is  enclosed 
herewith. 

Permit  me  to  add  the  following: 

During  the  past  four  years,  or  since  Feb.  28,  1910,  I  have  been  the  U.  S. 
Commissioner  at  Ronan;  during  that  time  I  have  been  the  officer  whom  the 
great  majority  of  the  homesteaders  have  made  application  to  homestead 
all  the  unclassified  and  unappraised  land  which  was  opened  to  settlement  and 
entry  by  Commissioner's  letter  of  August  26,  1910,  and  I  believe  I  am  more 
fully  conversant  with  the  object  and  intentions  of  those  settlers  than  any 
one  other  person  of  the  Flathead  reservation.  I  have  listened  to  their 
complaints  and  have  advised  with  them  to  the  best  of  my  ability.  All  of 
them  expressed  the  opinion  that  the  land  would  not  be  appraised  as  to 
exceed  the  maximum  fixed  by  the  original  commission,  when  it  was  finally 
appraised.  All  of  them  honestly  believed  that  such  would  be  the  case.  I 
held  the  same  opinion,  for  the  reason  that  none  of  the  Flathead  lands  had 
been  appraised  at  to  exceed  $7.00  per  acre  by  the  original  commission  and 
I  understood  that  $7.00  was  the  maximum.  I  do  not  believe  that  one  single 
individual  homesteaded  the  land  as  a  speculation,  or  no  more  of  a  specula 
tion  than  any  man  indulges  in  when  he  homesteads  land.  It  is  all  a  specu 
lation  in  a  measure,  but  I  firmly  believe  that  the  great  majority  of  those 
who  came  here  and  made  homestead  applications,  did  so  in  hopes  of  making 
for  themselves  and  their  families,  a  home.  They  expended  every  dollar  they 
had  or  could  borrow,  to  improve  the  land  to  cultivate  it  into  crops,  under 
the  belief  that  all  that  was  lacking  in  order  to  secure  an  approved  home 
stead  entry  was  the  mere  appraisal  of  the  land.  They  expended  so  much 
money  and  labor  that  now  that  the  appraised  value  is  fixed  as  high  as  $25.00 
per  acre  to  my  knowledge,  "they  are  compelled  to  pay  this  exorbitant  ap 
praisal  or  else  lose  all  they  have  already  spent,  including  several  years  of 
hard  work. 

I  refer  to  those  who  have  settled  upon  the  Indian  lieu  lands :  The  general 
supposition  has  been  that  the  rolls  were  closed  and  that  no  more  allotments 
were  to  be  made.  That  has  been  the  information  given  out,  either  officially 
or  by  common  rumor,  and  it  has  caused  the  impression  to  prevail  generally 
that  such  was  the  true  state  of  affairs.  Believing  that  eventually  someone 


62 

would  get  such  lieu  lands  as  homesteads,  many  have  settled  upon,  culti 
vated  and  improved  such  lands,  and  all  have  had  hopes  that  ultimately  it 
would  be  they  who  would  be  given  approved  entries.  Some  have  already 
been  granted  approved  entries  on  such  lands,  and  this  has  induced  others 
with  knowledge  of  this  fact,  to  make  efforts  along  the  same  line.  As  I 
told  you  personally  while  you  were  in  my  office,  I  have  informed  each  and 
every  one  of  them,  who  made  their  applications  before  me  for  the  land, 
that  it  was  Indian  lieu  land,  and  even  this  information  could  not  deter  them 
from  making  a  supreme  effort  to  get  the  land.  I  have  hoped  all  along  that 
they  would  be  successful,  but  with  nothing  to  base  such  hopes  upon. 

As  to  the  timber  land : 

The  best  agricultural  and  horticultural  lands  of  the  Flathead  reservation 
are  those  now  covered  with  timber  and  lying  between  the  south  end  of 
Flathead  lake  to  the  north  and  extending  as  far  south  as  Mission  creek. 
This  class  of  land  is  very  desirable  and  very  little  or  any  of  it  would  need 
irrigation.  It  is  covered  with  timber  and  it  is  being  eagerly  sought  after. 
The  timber  is  appraised  at  from  $1.50  to  $3.50  per  M,  but  the  land  is  un- 
appraised.  The  price  fixed  for  the  timber  is  in  excess  of  what  logs  can  be 
purchased  at  per  M,  in  every  other  section  of  Montana,  where  timber  is  to 
be  found  in  quantities  to  afford  lumbering  and  logging.  The  quality  is  none 
better.  It  is  reported  to  be  afflicted  with  the  bark  beetle,  and  many  trees  are 
already  marked  for  destruction  to  eradicate  this  pest  before  it  spreads  to  all 
the  timber.  This  information  I  received  personally  from  an  officer  in  the 
Forestry  Service.  That  department  can  supply  with  you  a  confirmation 
of  this  charge  if  you  will  make  the  inquiry. 

The  act  opening  the  Flathead  reservation  provided  that  all  timber  lands 
were  reserved  from  homestead  entry,  and  provided  further  that  all  the 
timber  should  be  sold  and  the  land  disposed  of  under  direction  of  the 
Secretary  of  the  Interior.  Quite  a  number  of  people  have  endeavored  to 
meet  the  requirements  of  that  provision  in  order  to  secure  homesteads  within 
the  timbered  area.  They  have  entered  into  contract  with  the  Department 
for  the  purchase  and  removal  of  the  timber  and  have  applied  for  homestead 
entries  on  the  same  tracts  after  having  cut  and  removed  the  timber,  paid 
for  the  same  and  been  discharged  from  their  contracts.  They  are  still 
uninformed  as  to  whether  or  not  they  are  to  receive  approved  homestead 
entries  for  the  land.  They  should  be  informed  on  this  question.  I  would 
therefore  respectfully  recommend  that  you  take  some  action  on  this  matter. 
Make  such  recommendations  to  the  Hon.  Secretary  as  you  deem  best  that 
an  early  determination  may  be  had. 

I  did  not  intend  to  go  so  much  into  detail  as  I  have,  when  I  commenced 
this  letter,  but  my  duty  to  those  who  are  striving  so  earnestly  to  make  for 
themselves  and  their  families  a  home,  has  prompted  me  to  do  and  say  as 
much  as  I  have.  I  have  not  the  slightest  personal  interest  in  having  any 
of  the  lands  opened  to  settlement  and  entry.  I  have  long  since  exhausted 
every  homestead  right  I  ever  had,  and  it  will  not  be  to  my  advantage  either 
one  way  or  the  other.  There  are  a  great  many  here  who  are  differently 
situated,  however,  and  they  are  entitled  to  every  consideration. 

Thanking  you  in  advance   for  any  assistance  you  may  be  able  to  render 
these  people,  and  with  assurance  of  my  highest  personal  regards,  I  am, 
Yours  very  truly, 

(Signed)  COKER  F.  RATHBONE. 


63 

EXHIBIT  "E." 

Memorandum  of  a  Bill  suggested  as  a  substitute  for  S.  6373 
introduced  on  August  22,  1914,  63d  Congress,  2d  Session,  by 
Senator  Myers,  to  provide  for  the  payment  for  certain  lands  within 
the  former  Flathead  Indian  Reservation. 

PROPOSED  SUBSTITUTE  FOR 

S.  6373, 
63D  CONGRESS,  2D  SESSION. 

A  Biu,. 

To  provide  for  the  payment  for  certain  lands  within  the  former  Flathead 
Indian  Reservation  in  the  State  of  Montana. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF  REPRE 
SENTATIVES  OF  THE  UNITED  STATES  OF  AMERICA  IN  CON 
GRESS  ASSEMBLED, 

SEC.  1.  That  in  all  cases  where  lands  within  the  former  Flathead  Indian 
Reservation  which  were  classified  and  appraised  during  the  years  nineteen 
hundred  and  twelve  and  nineteen  hundred  and  thirteen  by  the  commission 
appointed  for  that  purpose  under  authority  of  the  Act  of  June  twenty-fifth, 
nineteen  hundred  and  ten,  have  been  appraised  at  an  amount  in  excess  of 
the  amount  at  which  similar  lands  were  appraised  by  the  Flathead  Com 
mission  of  nineteen  hundred  and  seven  and  nineteen  hundred  and  eight, 
persons  who  settled  upon  or  entered  such  lands  prior  to  June  14,  1911, 
on  suspended  applications  by  authority  of  letter  "K"  of  the  General  Land 
Office  under  date  of  August  twenty-sixth,  nineteen  hundred  and  ten,  shall 
not  be  required  to  pay  more  for  the  lands  so  settled  upon  or  entered  by 
them  than  the  highest  amount  specified  by  the  Flathead  Commission  of 
nineteen  hundred  and  seven  and  nineteen  hundred  and  eight  for  lands  of 
like  character  and  similar  classification,  namely,  seven  dollars  an  acre  for 
agricultural  land  of  the  first  class;  three  dollars  and  fifty  cents  an  acre  for 
agricultural  lands  of  the  second  class,  and  one  dollar  and  fifty  cents  an  acre 
for  grazing  land. 

StX.  2.  That  in  all  cases  where  patents  shall  be  issued  for  land  paid  for 
under  the  foregoing  section  of  this  Act  there  shall  be  transferred,  from  any 
funds  belonging  to  the  United  States  not  otherwise  appropriated,  and  placed 
to  the  credit  of  the  Indians  for  whose  benefit  such  lands  are  disposed  of, 
upon  proper  certificate  from  the  Secretary  of  the  Interior,  such  an  amount 
as  shall  equal  the  difference  between  the  amount  so  paid  under  section  one 
of  this  Act  and  the  amount  at  which  the  lands  so  paid  for  have  been  appraised 
or  reappraised  by  the  commission  of  nineteen  hundred  and  twelve  and  nine 
teen  hundred  and  thirteen. 

SEC.  3.  That  in  all  cases  where  persons  entitled  to  the  benefits  of  section 
one  of  this  Act  have  already  made  payment  for  the  lands  so  entered  by 
them  in  excess  of  the  amounts  which  would  have  been  due  from  them 
under  the  terms  of  section  one  of  this  Act,  there  shall  be  remitted  to  them 
from  any  funds  belonging  to  the  United  States  not  otherwise  appropriated, 
upon  proper  certificate  from  the  Secretary  of  the  Interior,  the  excess  of 
the  amounts  so  paid  by  said  persons  over  and  above  the  amounts  which  would 
be  due  from  them  under  the  said  section  one  of  this  Act. 


64 


.  —  Section  1  of  S.  6373  may  be  omitted  for  the  reason  that  the  Sec 
retary  of  the  Interior  made  a  decision  fully  determining  the  subject-matter 
of  said  section,  in  the  following  letter: 

DEPARTMENT    of   THE    INTERIOR, 
WASHINGTON,  D.  C.,  Sept.  24,   1914. 
THE  COMMISSIONER  OF  THE 
GENERAL  LAND  OFFICE. 
SIR: 

June  2,  1914,  you  requested  instructions  with  reference  to  proper  charges 
to  be  made  in  connection  with  homestead  entries  for  lands  formerly  within 
the  Flathead  Indian  Reservation  in  Montana,  which  have  been  reappraised 
under  the  act  of  June  5,  1912  (37  Stat.,  125). 

Said  communication  was  referred  to  the  Indian  Office  for  report  and  that 
office  also  desires  instructions  from  the  Department. 

It  appears  that  the  original  appraisement  in  a  number  of  instances  was 
changed  by  the  reappraisement  and  in  some  cases  the  price  was  reduced 
while  in  other  cases  the  price  was  raised  after  entries  were  made. 

You  are  advised  as  to  cases  where  the  price  of  the  lands  was  reduced  by 
the  reappraisement  that  the  latter  price  only  should  be  charged.  Where 
the  price  was  raised  by  the  reappraisement  of  lands  embraced  in  homestead 
entries  the  entrymen  should  only  be  required  to  pay  the  price  fixed  for  the 
lands  at  the  time  the  entries  were  made. 

(Signed)     A.    A.    JONES, 
First    Assistant    Secretary. 


63D  CONGRESS, 

S.   6373 

2D  SESSION. 

In  the  Senate  of  the  United  States.     August  22,  1914.     Mr.  Myers  introduced 

the  following  bill ;   which  was   read  twice  and   referred  to   the 

Committee  on   Public  Lands. 

A  Biu,. 
To  provide  for  the  payment   for  certain  lands  within  the   former  Flathead 

Indian  Reservation,  in  the  State  of  Montana. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  in  all  cases  where  lands 
within  the  former  Flathead  Indian  Reservation  have  been  reappraised  at 
an  amount  in  excess  of  the  amount  at  which  they  were  originally  appraised, 
persons  who  have  heretofore  settled  upon  or  entered  such  lands  shall  not  be 
required  to  pay  more  for  the  lands  so  settled  upon  or  entered  by  them  than 
the  amount  at  which  such  lands  were  originally  appraised. 

SEC.  2.  That  in  all  cases  where  lands  within  the  former  Flathead  Indian 
Reservation  which  were  classified  and  appraised  during  the  years  nineteen 
hundred  and  twelve  and  nineteen  hundred  and  thirteen  by  the  commission 
appointed  for  that  purpose  under  authority  of  the  Act  of  June  sixth,  nineteen 
hundred  and  twelve,  have  been  appraised  at  an  amount  in  excess  of  the 
amount  at  which  similar  lands  were  appraised  by  the  Flathead  Commission 
of  nineteen  hundred  and  seven  and  nineteen  hundred  and  eight,  persons 
who  have  heretofore  settled  upon  or  entered  such  lands  shall  not  be  required 
to  pay  more  for  the  lands  so  settled  upon  or  entered  by  them  than  the 


65 


highest  amount  specified  by  the  Flathead  Commission  of  nineteen  hundred  and 
seven  and  nineteen  hundred  and  eight  for  lands  of  like  character  and  similar 
classification. 

SEC.  3.  That  in  all  cases  where  patents  shall  be  issued  for  land  paid  for 
under  the  foregoing  sections  of  this  Act  there  shall  be  transferred,  from 
any  funds  belonging  to  the  United  States  not  otherwise  appropriated,  to  the 
credit  of  the  Indians  for  whose  benefit  such  lands  are  disposed  of,  such  an 
amount  as  shall  equal  the  difference  between  the  amount  so  paid  under  said 
sections  and  the  amount  at  which  the  lands  so  paid  for  have  been  appraised 
or  reappraised  by  the  commission  of  nineteen  hundred  and  twelve  and  nine 
teen  hundred  and  thirteen. 

EXHIBIT  "F." 

[COPY] 

UNITED   STATES   SENATE 
COMMITTEE   ON    PUBLIC   LANDS. 

WASHINGTON,    D.    C., 

August    24,    1914. 
DEAR  MR.  ABBOTT: 

Herewith  please  find  enclosed  S.  6373,  to  provide  for  the  payment  of 
certain  lands  within  the  former  Flathead  Indian  Reservation,  in  the  State 
of  Montana,  recently  introduced  and  referred  to  the  Committee  on  Public 
Lands. 

Will  you  kindly  call  this  bill  to  the  attention  of  the  Board  of  Indian 
Commissioners  for  such  suggestion  or  other  information  as  they  may  be 
able  to  offer  with  respect  to  the  same? 

Yours  truly, 

(Signed)   H.  L.  MYERS, 

Chairman. 
Mr.  F.  H.  Abbott, 
Secretary  of  the  Board  of 
Indian  Commissioners, 
City. 


REPORT 


UPON    THE 


CONDITIONS  ON  THE  FORT  PECK 
INDIAN  RESERVATION 


By  REV.  WILLIAM  H.  KETCH  AM, 
Member  Board  of  Indian  Commissioners 


WASHINGTON,  D.  C. 
1915 


December  30,  1914. 

MY  DEAR  MR.  SECRETARY: 

I  take  pleasure  in  transmitting  herewith,  with  my  approval,  a 
report  of  an  investigation  of  conditions  on  the  Fort  Peck  Indian 
Reservation,  by  Rev.  William  H.  Ketcham,  member  of  the  Board 
of  Indian  Commissioners  and  by  Mr.  F.  H.  Abbott,  Secretary  of 
the  Board,  under  his  direction. 

Cordially  yours, 

(Signed)   GEORGE  VAUX,  JR., 

Chairman. 

Honorable  Franklin  K.  Lane, 
Secretary  of  the  Interior, 
Washington,  D.  C. 


Report  upon  the  Conditions  on  the  Fort  Peck  Indian 

Reservation 

By  REV.  WILLIAM  H.  KETCHAM 

December  4,  1914. 
HON.  GEORGE;  VAUX,  JR., 

Chairman,  Board  of  Indian  Commissioners, 

Philadelphia,  Pa. 
SIR: 

Under  authorization  of  the  Board  of  Indian  Commissioners  I 
undertook  a  visitation  of  the  Flathead  and  Fort  Peck  Reservations 
of  Montana  with  a  view  to  inquire  into  conditions  prevailing  on 
the  same.  I  called  upon  the  Secretary  of  our  Board  to  accompany 
and  assist  me  in  this  work.  My  time  was  limited  and  it  soon 
became  evident  that  I  could  not  go  over  the  Fort  Peck  Reservation 
in  person.  On  leaving  the  Flathead  Reservation  I  requested  the 
secretary  to  remain  to  conclude  some  hearings  and  then  to  pro 
ceed  to  Fort  Peck,  make  personal  observations  on  the  Reservation 
and  report  to  me  in  full.  I  at  once  proceeded  to  Poplar  to  talk 
over  matters  with  Agent  Lohmiller  and  inaugurate  the  work.  The 
ideas  I  gained  from  conversation  with  Major  Lohmiller  practically 
have  been  confirmed  by  the  secretary's  report,  which  I  enclose 
herewith.  The  report  speaks  for  itself.  I  approve  the  secretary's 
conclusions  and  urge  his  recommendations. 

Respectfully  submitted, 

(Signed)  WM.  H.  KETCHAM. 

November  30,  1914. 
HON.  WIWJAM  H.  KETCHAM, 

Member,  Board  of  Indian  Commissioners, 
1326  New  York  Ave.,  N.  W., 

Washington,  D.  C. 
SIR: 

On  November  13  you  left  me  at  Poison,  Mont.,  conducting  a  hear 
ing  of  settlers  of  the  Flathead  Indian  Reservation.  You  instructed 
me  to  proceed  the  following  day  to  Big  Arm,  Mont.,  to  complete  the 
hearings  arranged  for  other  settlers  at  that  place,  and  then  to 
proceed  to  the  Fort  Peck  Indian  Reservation  to  make  a  general 
inspection  of  conditions  following  your  visit  of  one  day  on  that 
Reservation  on  November  14. 


70 

Scope  of  Investigation. 

In  accordance  with  instructions,  I  arrived  at  Poplar,  the  seat  of 
the  Fort  Peck  Indian  Agency,  on  Sunday  forenoon,  November 
15.  I  immediately  got  in  touch  with  Superintendent  Lohmiller, 
and  told  him  it  was  my  desire,  under  your  direction,  to  make  a 
thorough  inspection  of  the  Reservation,  and  to  visit  all  Indian 
settlements,  especially  a  large  number  of  Indian  allotments  along 
the  Missouri  River  under  the  proposed  Missouri  River  gravity 
irrigation  canal.  I  told  him  that  it  was  also  my  desire  to  note 
the  progress  made  in  allotting  lands  to  new  born  children  in  con 
sequence  of  the  provision  of  law  providing  for  said  allotments 
contained  in  the  last  Indian  bill.  In  accordance  with  your  request, 
I  also  told  him  that  I  wished  to  visit  as  many  of  the  homes  of 
old  Indians  as  possible,  and  to  look  as  thoroughly  as  possible  into 
the  agriculture,  irrigation  and  stock-raising  on  the  reservation. 
Superintendent  Lohmiller  very  promptly  and  graciously  made  plans 
to  facilitate  the  purpose  of  my  visit,  and  in  order  that  his  presence 
might  not  possibly  influence  the  freest  expression  of  opinion  on 
the  part  of  the  Indians,  he  arranged  to  have  me  see  various  parts 
of  the  reservation  in  company  with  farmers  and  other  employees. 
The  agency  automobile  was  placed  at  my  disposal,  and  Joseph  Cul- 
bertson,  a  mixed  blood,  intermarried  member  of  the  Blackfeet  tribe, 
accompanied  me  as  interpreter. 

On  Sunday  forenoon,  November  15,  before  starting  on  my 
trip  over  the  reservation,  I  spent  about  two  hours  at  the  agency 
office  reviewing  the  statistics  compiled  in  the  office  regarding  the 
progress  of  fanning,  the  plan  of  handling  Indian  livestock,  and 
other  questions  of  accounting  on  the  reservation,  and  also  familiar 
ized  myself  with  the  location  and  number  and  general  conditions 
surrounding  the  allotments  to  the  new-born  Indians  on  the  reserva 
tion.  Chief  Clerk  Brady  and  Allotment  Clerk  Commons  assisted 
me  in  obtaining  this  information. 

Sunday  at  noon  I  started  from  Poplar  in  the  automobile  accom 
panied  by  Mr.  Burton  F.  Roth,  agency  farmer  for  that  district, 
a  driver  and  interpreter,  calling  en  route  on  approximately  thirty 
Indians  in  their  homes,  and  discussing  the  conditions  of  each,  not 
only  with  the  Indians  themselves,  but  with  Mr.  Roth,  who  was 
thoroughly  familiar  with  the  conditions  of  each  individual. 

At  Wolf  Point  Mr.  Roth  left  us,  and  Mr.  Patton,  the  agency 
farmer  for  the  Wolf  Point  district,  joined  me  on  a  trip  of  20 
miles  further  up  the  Missouri  River  Valley,  where,  in  like  manner, 
we  called  on  a  number  of  Indians.  We  proceeded  as  far  west 
as  Frazer,  which  is  situated  within  a  few  miles  of  the  Western 


boundary  of  the  reservation,  and  there  had  a  brief  conference  with 
the  irrigation  farmer,  Mr.  Hogshead,  in  charge  of  the  western 
district,  and  also  made  a  brief  call  on  the  teacher  of  the  day  school 
at  that  place.  We  returned  from  here  to  Wolf  Point,  stopping 
en  route  to  inspect  the  Frazer  reservoir,  where  provision  has  been 
made  to  irrigate  about  2,500  acres  of  Indian  land,  and  where  two 
or  three  Indians  have  already  made  plans  in  a  serious  way  to  begin 
irrigation  farming.  We  reached  Wolf  Point  at  about  nine  o'clock 
at  night,  having  completed  a  trip  of  about  70  miles  in  zero  weather, 
which  prevailed  throughout  my  visit  there.  On  Sunday  night, 
after  I  returned  to  the  agency,  I  reviewed  with  Mr.  Patton  at  his 
office  the  methods  of  handling  the  business  of  his  Indians,  and 
looked  especially  into  his  records  of  agricultural  progress  and 
ration  roll. 

At  about  eleven  o'clock,  just  before  we  left  the  office,  an  Indian 
policeman  came  in  with  a  suit  case  filled  with  quart  bottles  of 
whiskey  and  a  half -gallon  bottle  of  alcohol,  which  Mr.  Patton  con 
cealed  in  his  residence  during  the  night,  awaiting  the  filing  of  com 
plaint  the  following  day  against  the  white  boot-legger  who  was 
caught  on  the  train  bringing  the  intoxicants  on  to  the  reservation. 

The  following  morning,  November  16,  a  part  of  the  automobile 
having  been  broken  in  an  effort  to  start  it,  we  were  detained  at  the. 
Wolf  Point  sub-agency  till  noon.  This  turned  out  to  be  an  advan 
tage,  for  it  enabled  me  to  inspect  the  Presbyterian  mission  school 
at  Wolf  Point,  to  visit  the  warehouse,  the  jail  and  the  whole  agency 
plant,  to  complete  the  data  collected  the  night  before,  and  to  confer 
at  length  with  five  or  six  Indians  who  had  come  to  market. 

In  the  afternoon  we  drove  back  to  Poplar,  taking  a  different  route 
for  a  part  of  the  distance  and  inspecting  a  number  of  additional 
Indian  allotments. 

On  Monday  night  upon  my  arrival  at  the  hotel  I  received  a  call 
from  Mr.  Paul  Hayne,  an  educated  Indian  living  near  Poplar,  and 
one  of  the  three  delegates  who  called  upon  me  at  my  office  in 
Washington  last  winter  to  request  me  to  prepare  the  bill  which 
ultimately  resulted  in  securing  the  new-born  allotments. 

A  part  of  the  evening  I  spent  reviewing  reservation  conditions 
with  Mr.  Lohmiller,  and  met  Mr.  R.  M.  Conner,  the  project  engi 
neer  of  the  Reclamation  Service  in  charge  of  the  Fort  Peck  pro 
ject,  and  arranged  with  him  for  an  extended  trip  up  Poplar  River 
and  over  the  eastern  half  of  the  reservation  the  following  day. 

Starting  at  eight  o'clock  on  Tuesday,  November  17,  we  covered* 
a   large   territory,    Mr.    Roth   accompanying   me    again    to    explain 
farm  conditions,  and  Mr.  Conner  accompanying  me  from  his  camp 


72 

six  miles  from  Poplar  on  the  trip  up  the  Poplar  River,  about  twenty 
miles,  to  the  diversion  dam,  and  then  east  to  the  Big  Muddy  Creek, 
where  later  irrigation  development  has  been  proposed,  visiting  a 
number  of  occupied  allotments,  and  seeing  along  the  road  a  number 
of  "new-born"  allotments  recently  selected.  Following  down  the 
Big  Muddy  to  the  Missouri  River,  I  visited  the  day  school  near 
Blair,  called  at  the  farmer's  quarters  near  Brockton,  halfway  be 
tween  Blair  and  Poplar,  and  called  at  approximately  a  dozen  Indian 
homes,  talking  with  young  men  and  old,  women  and  children,  and 
reaching  Poplar  at  a  little  after  six  o'clock,  having  been  compelled 
to  take  the  day's  trip  without  stopping  for  lunch. 

Immediately  after  supper  on  Tuesday  night,  I  received  notice 
that  a  delegation  of  twenty-five  to  thirty  Indians  desired  to  see 
me.  The  parlor  of  the  hotel  was  turned  over  to  me  and  I  conferred 
until  about  eleven  o'clock  at  night  with  this  delegation,  the  subject 
matter  of  our  conference  being  discussed  later  in  this  report. 

Just  before  the  Indians  called,  Rev.  Mr.  Evans,  the  Presbyterian 
missionary  at  Poplar,  paid  me  a  very  pleasant  call. 

On  Wednesday  morning,  before  leaving  on  the  nine  o'clock 
train,  I  was  taken  by  Mr.  Roth,  the  agency  farmer,  to  the  agency 
slaughter  house,  where  about  sixty  or  seventy  old  Indians  were 
in  line  waiting  for  their  rations.  I  visited  briefly  with  a  large 
number  of  these  Indians  and  reviewed  with  Mr.  Roth  the  matter 
of  the  size  of  the  rations  and  the  general  conditions  of  issue,  com 
pleting  the  work  barely  in  time  to  catch  my  train. 

General  Conditions. 

I  had  visited  Fort  Peck  Indian  Reservation  about  five  or  six 
years  before.  At  that  time  I  doubt  if  200  acres,  including  gardens, 
were  being  actually  farmed  by  all  the  Indians  on  the  reservation  put 
together.  A  few  of  the  Indians  had  gone  to  work  on  the  Recla 
mation  projects  which  had  just  been  started.  The  Indians,  at 
that  time,  were  reported  by  Mr.  Lohmiller  to  be  willing  to  work 
when  they  had  an  opportunity,  but  many  of  them  lacked  a  market 
for  their  labor,  and  the  ration  roll  was  comparatively  large.  On 
a  drive  from  Poplar  north  about  20  miles  along  Poplar  Creek 
I  had  found  no  single  field  as  large  as  ten  acres.  Superintendent 
Lohmiller  himself  at  that  time  was  sceptical  on  the  adaptability 
of  Indian  lands  for  agriculture,  as  was  Mr.  Patton,  the  farmer 
who  has  since  made  a  remarkable  success  with  his  Indians  in  the 
Wolf  Point  district.  They  thought  there  was  insufficient  moisture 
to  produce  crops,  and  they  were  also  handicapped  by  the  fact  that 
the  Indians  had  few  teams  large  enough  to  pull  a  plow,  poor  excuses 


73 

for  harness,  insufficient  money  or  credit  to  ration  an  able-bodied 
man  while  he  did  his  preliminary  work,  and  allotments  had  not 
been  made  and  approved  at  that  time  so  as  to  provide  an  individual 
Indian  with  something  to  sell,  to  convert  into  money.  The  horses 
on  the  reservation  had  not  been  bred  up  as  they  should  have  been, 
owing  to  the  lack  of  stallions  and  lack  of  a  plan  to  exchange  old 
stallions  for  other  younger  stock.  The  cattle  on  the  reservation, 
while  their  sale  and  killing  for  home  use  were  carefully  guarded 
by  the  Superintendent,  were  left  like  the  horses  as  to  the  matter 
of  up-breeding  largely  to  the  initiative  of  the  comparatively  few 
individual  Indians  who  had  accumulated  herds  sufficient  to  keep 
themselves  and  their  families. 

After  my  visit  in  1909,  I  took  Mr.  Lohmiller  with  me  to  the 
Crow  Reservation,  where  there  was  a  conference  between  Super 
intendents  Lohmiller,  of  Fort  Peck ;  Eddy,  of  Tongue  River ;  Logan, 
of  Fort  Belknap;  Ziebach,  of  Devil's  Lake;  Reynolds,  of  Crow, 
and  myself.  There,  for  several  hours,  ways  and  means  of  getting 
Indians  started  on  these  large  unallotted  reservations,  where  the 
Indians  were  without  resources,  were  discussed,  and  the  plan 
of  asking  Congress  for  reimbursable  appropriations  with  which  to 
enable  Indians  to  buy  seeds,  teams  and  farming  equipment,  had  its 
birth,  the  plan  which  has  since,  and  especially  at  the  hands  of  the 
last  Congress  when  $600,000  was  appropriated  for  this  purpose, 
met  with  such  generous  consideration. 

At  about  the  same  time  it  was  decided  on  the  Fort  Peck  Reserva 
tion  that  a  portion  of  the  tribal  grazing  funds  should  be  used  to 
purchase  traction  engines  and  plows  to  break  up  the  tough  sod, 
the  Indian  ponies  for  the  most  part  being  too  small  for  this  heavy 
work,  but  able  to  cultivate  the  ground  after  it  was  once  broken. 
From  the  meagre  beginning  five  or  six  years  ago  development 
has  been  rapid  and  today  there  are  on  the  reservation  over  12,000 
acres  farmed  by  the  Indians,  over  2,200  head  of  horses,  2,100  head 
of  cattle,  a  few  sheep  and  nearly  3,000  chickens.  It  was  an 
inspiring  object  lesson  to  see  the  changes  which  have  been  wrought 
in  the  period  of  five  years  since  my  former  visit. 

A  salary  of  $5,000  a  year  would  be  a  small  compensation  for 
a  man  who  has  been  able  to  bring  about  the  improvement  that  has 
been  brought  about  by  Superintendent  Lohmiller  upon  this  reserva 
tion.  Perhaps,  equal  credit  is  due  to  his  force  of  employees, 
all  of  those  whom  I  met  apparently  being  driven  by  the  same 
enthusiasm  with  which  Superintendent  Lohmiller  has  worked  for 
industrial  improvement  upon  the  reservation.  It  was  a  pleasure 
to  drive  over  the  reservation  with  the  farmers,  Mr.  Roth  and  Mr. 


74 

Patton,  and  to  see  the  wonderful  grasp  which  they  had  of  the  details 
in  connection  with  the  financial  conditions  and  traits  of  character 
of  the  large  number  of  Indians  within  their  respective  districts. 

It  is  worthy  of  note  that  the  raising  of  poultry  on  the  reservation 
is  largely  the  result  of  the  efforts  of  Mrs.  Patton,  the  wife  of  the 
farmer  at  Wolf  Point.  Mrs.  Patton  has  furnished  hens  in  that 
district  to  the  Indian  women,  young  and  educated,  old  and  unedu 
cated  ;  has  taught  them  how  to  set  the  hens,  what  to  feed  them, 
how  to  care  for  them,  what  kind  of  houses  to  build  for  them ; 
and  likewise,  by  having  a  small  hotbed  in  her  garden,  has  shown 
these  same  women  how  to  set  out  cabbage  and  tomato  plants,  and 
thus  has  started  activity  in  gardening  which  has  spread  out  in 
ever-widening  circles  from  the  center  where  her  husband  is  located. 

Indeed,  of  all  the  reservations  with  which  I  am  familiar  in  the 
United  States  there  is  none,  outside  of  the  Winnebago  Reserva 
tion  in  Nebraska,  where  I  have  observed  more  marked  progress 
among  the  Indians,  and  with  it  all  there  has  been  undoubted  im 
provement  in  the  moral  conditions  on  the  reservation.  In  spite 
of  the  difficulties  in  the  enforcement  of  the  laws  for  the  suppres 
sion  of  the  liquor  traffic,  which  I  shall  discuss  later,  the  boot 
legger  is  very  much  less  in  evidence  than  he  was  five  years  ago. 

Practically  all  the  Indians  I  met  appeared  to  belong  to  either 
the  Presbyterian  or  the  Catholic  Church ;  all  seemed  to  believe  in 
education;  and  a  large  majority  are  ready  to  work  when  they 
have  the  opportunity.  The  use  of  the  grazing  fund  and  the  reim 
bursable  appropriation,  to  which  I  have  previously  referred,  has 
been  a  large  factor  in  stimulating  and  promoting  agricultural  prog 
ress  on  this  reservation,  but  the  use  of  these  two  funds  is  by  no 
means  the  whole  explanation  of  the  progress  made.  There  is 
another  and  larger  factor,  which  will  be  discussed  later  in  detail, 
but  which  I  shall  only  briefly  mention  here.  I  refer  to  the  work 
furnished  to  the  Indians  of  this  reservation  by  the  Reclamation 
Service. 

During  the  four  seasons  covered  by  the  thirty  months  of  actual 
working  time  the  Reclamation  Service,  out  of  a  total  of  $431,- 
027.39  invested  in  construction,  has  paid  for  Indian  labor  a  total 
of  $231,610.20,  and  for  supplies  raised  by  the  Indians  on  their 
lands,  including  hay  and  grain,  $10,898.46,  a  grand  total  of  $242,- 
508.66,  or  about  56  per  cent,  of  the  total  amount  invested  in  con 
struction.  In  order  to  do  this  work  for  the  Reclamation  Service 
the  Indians  have  had  to  have  heavy  teams  and  strong  harness; 
good  wagons  and  plows  have  been  required ;  and  the  Indians  have 
had  to  work  under  enthusiastic  and  systematic  direction,  learning 


75 

what  a  full  day's  work  is.  Thus,  without  realizing  it,  they  have 
become  gradually  equipped  with  the  sort  of  implements  and  teams 
needed  to  farm  their  lands,  and  have  had  to  acquire  the  habit  of 
regular  and  systematic  work  necessary  for  them  to  succeed  on 
their  farms.  And  that  is  not  all.  There  have  been  systematic 
action  and  co-operation  between  the  engineers  of  the  Reclamation 
Service  and  the  Superintendent  of  the  reservation  which  have  been 
practically  ideal.  The  project  engineer,  for  example,  upon  notice 
from  the  Superintendent,  would  not  permit  an  Indian  to  work 
upon  the  project  during  the  days  or  weeks  when  his  time  was 
needed  to  plant  his  crops  or  harvest  them.  But  he  was  immediately 
given  work  upon  the  completion  of  his  own  farm  work  to  the 
satisfaction  of  the  Superintendent  or  the  farmer.  The  labor  on 
these  projects  has  not  been  limited  to  young  men.  I  saw  many  old 
Indians,  who  could  not  speak  a  word  of  English,  returning  with 
the  younger  ones  from  the  Porcupine  project,  where  they  were 
all  employed  until  the  Sunday  of  my  visit,  when  the  zero  weather 
drove  them  to  their  homes. 

The  wages  for  labor  paid  by  the  Reclamation  project  are  as 
follows :  $2.50  a  day  for  a  single  man,  $4.50  for  a  man  and  team, 
and  $7.00  a  day  for  a  man  with  four  horses. 

There  was  special  rejoicing  on  the  reservation  and  a  general 
spirit  of  good  feeling  on  account  of  a  recent  allotment  of  67,000 
acres  of  land  to  231  new-born  children,  and  I  have  never  seen 
manifested  a  more  genuine  sentiment  of  appreciation  than  was 
expressed  by  the  Indian  delegation  who  called  on  me  at  Poplar 
to  thank  me  and  the  Board  for  helping  them  to  secure  the  legis 
lation  which  brought  them  this  benefit. 

Irrigation  on  this  reservation  may  be  said  merely  to  be  started, 
only  410  acres  of  Indian  land  under  ditch  being  irrigated.  This 
area  will  undoubtedly  be  rapidly  increased  in  the  future.  How 
ever,  if  not  an  additional  acre  of  Indian  land  on  this  reservation 
should  be  irrigated,  the  construction  of  the  project  so  far,  on 
account  of  the  remarkable  contribution  it  has  made  toward  estab 
lishing  habits  of  thrift  and  industry  on  the  reservation,  has  been 
worth  tenfold  the  cost.  This  is  a  feature,  developed  on  this 
reservation,  which  should  not  be  overlooked  in  the  construction 
of  future  irrigation  projects  on  Indian  reservations. 

In  opening  this  reservation  to  settlement  the  mistake  was  not 
made,  as  it  was  on  the  Flathead  Reservation,  of  opening  irrigable 
or  other  lands  to  entry  and  settlement  prior  to  the  completion  of 
the  allotment  to  Indians  and  prior  to  the  completion  of  the  irrigation 
projects  under  which  it  was  proposed  to  permit  entry  of  irrigable 


76 

lands.  As  a  result,  there  have  been  orderly  development  and  com 
plete  absence  of  confusion  and  friction  and  misunderstanding  be 
tween  white  settlers  and  Indians.  In  this  respect  Fort  Peck  pre 
sents  a  model  which  can  be  safely  followed  in  the  future  opening 
to  settlement  of  reservations  containing  irrigable  lands. 

I  am  not  going  to  discuss  the  educational  and  school  conditions 
on  this  reservation  at  length.  The  day  school  at  Blair  which  I  visited 
while  it  was  in  operation  was  well  attended,  the  discipline  was 
good,  the  plant  was  beyond  criticism,  and  the  children  were  clean 
and  looked  healthy  and  well  fed.  The  Presbyterian  mission  school 
which  I  visited  at  Wolf  Point  also  showed  every  evidence  of  a 
happy  school  condition.  The  employees,  under  the  supervision 
of  Miss  Smith,  all  appeared  to  be  devoted  to  their  work  and 
interested  in  exerting  an  influence  on  the  character  of  the  youth 
in  attendance  which  would  last  beyond  the  period  of  the  school 
term.  An  object  lession  in  economy,  which  might  be  observed 
to  advantage  by  the  Government,  is  seen  at  this  school.  The  man 
agement  receives  $100  per  capita  per  pupil  from  the  missionary 
organization  and  only  $25  from  the  children.  While  Miss  Smith 
intimated  to  me  that  it  kept  her  guessing  to  make  both  ends  meet, 
nevertheless,  though  they  were  not  able  to  put  on  airs  in  dress, 
and  many  repairs  and  improvements  to  the  buildings  might  have 
been  made  to  advantage,  still  the  children  appeared  to  be  sufficiently 
nourished  and  to  be  making  satisfactory  progress.  It  was  interest 
ing  to  observe  here  the  splendid  spirit  of  friendly  co-operation 
between  the  agency  farmer  and  the  management  of  this  mission 
school. 

Conferences  with  Indians  and  Their  Complaints. 

In  order  that  you  may  get  as  nearly  as  possible  in  first-hand 
touch  with  the  conditions  and  mental  attitude  of  the  Indians  whom 
I  visited,  permit  me  to  present  the  following  brief  memoranda  of 
my  interviews,  and  data  concerning  the  conditions  of  some  of  the 
Indians  visited  by  me  during  the  first  two  days  I  was  on  the  reser 
vation.  This  is  typical  of  the  other  Indians  visited. 

In  camps  in  the  river  bottoms  near  Poplar,  some  living  in  tents, 
others  in  small  log  houses,  a  number  of  families,  old  and  young,  were 
visited. 

Plenty  Holes,  an  old  and  very  poor  Indian,  with  his  family 
and  another  family,  was  living  in  a  room  about  10  x  12  feet.  There 
was  one  small  window  in  the  house,  which  had  only  a  dirt  floor, 
a  veritable  hothouse  for  tuberculosis  germs.  Two  or  three  small 
children  and  a  family  of  small  puppies,  besides  the  adults  of  the 


77 

family,  were  in  the  room,  which  was  heated  by  a  small  iron  stove 
in  the  center,  and  the  door  was  closed  tight  to  keep  out  the  zero 
winds.  Plenty  Holes  said  he  worked  around  town  when  he  could 
get  a  job,  and  he  is  an  applicant  for  some  of  the  reimbursable  funds. 

Flying  Shield,  another  old  Indian  living  in  a  similar  small  log 
house,  showed  every  evidence  of  poverty.  He  told  me  he  worked 
in  the  agency  slaughter  house,  and  the  display  of  beef  lungs,  kid 
neys,  and  beef  intestines  cleaned  and  blown  up  and  suspended 
from  a  pole  in  front  of  his  house  gave  testimony  to  the  truth  of 
his  statement. 

Charles  Jones,  a  middle-aged,  uneducated  Indian,  with  a  small 
amount  of  white  blood,  was  living  on  his  allotment  and  was  en 
gaged  in  truck  gardening  for  Poplar.  His  garden  consisted  of 
five  or  six  acres.  He  had  a  small  pony  team,  too  light  for  extensive 
farming.  He  also  works  outside  when  he  can  find  work.  He 
was  an  applicant  for  some  of  the  reimbursable  funds  to  enable  him 
to  buy  a  heavier  team  and  farm  implements  to  enlarge  his  farming 
operations. 

Judge  Croiv,  an  old  man  but  one  of  the  Indian  judges,  was  visited. 
His  house  was  larger  and  he  seemed  personally  to  be  well  fed, 
though  he  is  on  the  ration  roll  and  made  an  earnest  appeal  for 
an  increase  in  rations  for  his  people.  His  son,  Gus  Crow,  a  fine 
looking  full-blood,  told  me  that  he  hoped  to  start  farming  the 
coming  year  through  the  use  of  the  reimbursable  loan. 

Howard  Iron  Leggings  thought  the  reimbursable  loan  would  not 
be  good  for  him. 

Howard  Iron  Bear  and  his  wife  and  two  children  were  visiting 
friends  in  the  camp.  His  wife  was  a  school  girl  and  her  tent 
was  neatly  kept  and  her  children  clean  and  well  dressed.  Howard 
has  farmed  his  allotment  successfully,  having  made  his  start  prob 
ably  by  means  of  work  on  the  irrigation  project  on  the  reservation. 
He  also  was  an  applicant  for  a  loan  from  the  Government. 

Four  Eagle,  another  Indian  found  in  the  same  camp,  was  anxious 
to  secure  a  loan  to  help  him  in  his  farming  operations,  but  was  afraid 
he  would  be  unable  to  meet  the  payments  when  they  came  due. 

Feather  Earring,  a  man  evidently  past  sixty-five  years  old,  a 
full-blood  who  could  not  speak  a  word  of  English,  was  with  his 
wife  and  daughter  and  grandchild  temporarily  in  a  little  log  house 
in  the  camp,  his  allotment  being  further  up  the  river.  Feather 
Earring's  wife  was  a  full-blood  non-English-speaking  woman,  but 
she  apparently  was  an  excellent  housekeeper,  her  temporary  home 
being  faultlessly  clean.  Feather  Earring,  I  was  told,  is  the  oldest 
Indian  on  the  reservation  who  is  farming  successfully.  He  also 
has  worked  on  the  Reclamation  Project. 


78 

Jackson  Big  Horn  was  another  Indian  visited  in  the  camp,  but  I 
learned  nothing  of  his  plans  or  conditions. 

Charles  Thompson,  an  educated  and  progressive  mixed  blood, 
who  was  visiting  in  the  camp,  invited  my  attention  to  the  need 
of  increased  rations  for  the  old  people  especially  during  the  winter 
months. 

On  the  road  to  Wolf  Point  further  up  the  river  I  met  Chester 
Arthur  and  his  family  in  a  spring  wagon  and  later  on  passed  his 
allotment.  Chester  does  not  farm  much,  but  owns  about  160 
horses.  He  expressed  the  opinion  that  the  increased  reimbursable 
loan  available  to  the  Indians  of  the  reservation  would  be  a  good 
thing  for  them.  He  is  counted  one  of  the  most  substantial  and 
straightforward  Indians  on  the  reservation,  and  is  wholly  self-sup 
porting. 

I  visited  Andrew  Broken  at  his  house,  but  did  not  find  him  home. 
He  was  farming  about  75  acres  and  had  a  good  bunch  of  stock 
around  his  house. 

A  few  miles  out  of  Wolf  Point  I  visited  Blacktail,  a  young, 
uneducated  Indian  who  is  one  of  the  most  progressive  and  success 
ful  Indians  on  the  reservation.  He  has  150  cattle,  200  horses,  and 
is  farming  about  65  acres,  living  in  a  substantial,  well-lighted  log 
house  of  two  or  three  rooms  and  building  another  larger  house. 
He  has  several  children  in  school.  When  I  asked  him  how  it  came 
about  that  he  had  not  attended  school,  he  smiled  and  replied  that 
his  parents  kept  him  hid  when  any  Government  people  came  around 
for  the  children.  While  he  wanted  his  children  to  be  educated, 
he  would  not  admit  to  me  that  for  himself  he  was  not  better  off 
without  education. 

Martin  Mitchell,  one  of  the  most  successful  farmers  and  stock 
men  on  the  reservation,  having  150  horses  and  100  cattle,  and 
Charlie  Afraid-of-His-Tracks,  a  full-blood  Indian  under  middle  age, 
who,  like  Blacktail,  was  without  education,  but  one  of  the  most 
successful  farmers  on  the  reservation  and  an  elder  of  the  Presby 
terian  Church,  gave  me  their  views  at  length  concerning  reservation 
conditions.  They  both  objected  to  the  completion  of  the  Missouri 
River  gravity  irrigation  project  on  the  ground  that  under  existing 
law  the  proceeds  from  the  sale  of  the  surplus  lands  on  the  reserva 
tion  would  be  used  to  pay  for  the  same.  They  also  objected  to 
the  Government  requiring  individual  Indians  to  pay  back  to  the 
tribe  grazing  funds  used  to  break  up  the  land  for  cultivation.  When 
I  asked  them  their  reason  for  this  they  said  that  the  Government 
requires  the  Indians  to  borrow  tribal  funds  and  to  repay  the  sums 
borrowed,  while  at  the  same  time  it  uses  these  funds  to  pay  clerks 


79 

and  buy  automobiles  for  the  Superintendent  and  does  not  pay  back 
the  money  so  used.  Identically  the  same  arguments  were  made  by 
Charlie  Thompson  of  Poplar. 

Henry  Blacktail,  the  father  of  the  young  man  referred  to  above, 
requested  me  to  get  his  son  out  of  jail  at  Wolf  Point.  His  son 
had  been  given  three  months  by  the  Superintendent  and  Indian 
Justice  for  helping  to  hog-tie  an  Indian  while  he,  Blacktail,  and 
three  other  men  attempted  to  run  away  with  the  man's  wife.  Later 
I  saw  this  young  man  in  the  agency  jail  at  Wolf  Point,  a  fine-look 
ing  young  fellow  who  apparently  was  greatly  humiliated  on  account 
of  his  deed. 

Paul  Haync,  an  educated  full-blood  living  near  Poplar,  who  is 
interested  chiefly  in  the  raising  of  horses,  protested  against  the 
approval  of  any  further  grazing  leases  on  the  northern  part  of  the 
reservation.  He  said  his  children's  lands  were  grazed  over  by 
the  sheep  of  the  lessees,  and  he  insisted  he  should  have  a  right 
to  the  proceeds,  and  also  that  he  ought  to  have  the  right  to  lease 
the  lands  himself,  as  he  had  an  offer  of  25  cents  an  acre  for  them, 
which  was  more  than  the  proportionate  share  which  would  be 
derived  from  a  tribal  grazing  lease  covering  the  same  land.  He 
said  that  he  wanted  to  use  the  proceeds  of  the  leases  to  buy  more 
cattle  and  horses.  He  also  declared  that  four  years  was  not  a 
long  enough  term  for  the  loans  where  Indians  like  himself  were 
investing  in  horses,  that  the  term  should  be  at  least  six  years.  Mr. 
Patton,  the  agency  farmer  at  Wolf  Point,  as  well  as  several  Indians 
there,  made  the  same  arguments  respecting  the  term  of  the  loans. 
In  their  judgment  the  first  payment  of  25  per  cent,  the  first  year 
would  be  difficult,  and  Charlie  Afraid-of-His-Tracks  argued  that 
money  should  be  available  immediately  this  winter  so  that  Indians 
who  were  buying  horses  would  have  time  to  break  them  during 
the  winter  months. 

I  found  one  case  at  Wolf  Point  which  was  an  excellent  vindi 
cation  of  the  Government's  Indian  health  policy.  Bear  Cub,  a  mid 
dle-aged  Indian  in  the  Wolf  Point  district,  had  been  totally  blind 
from  trachoma  and  was  a  complete  charge  on  the  Government. 
Last  summer  Dr.  Dewey,  special  health  supervisor,  made  a  suc 
cessful  operation  which  restored  the  man's  eye-sight.  Last  spring 
he  came  voluntarily  to  the  district  farmer  and  surrendered  his 
ration  ticket,  declaring  that  the  Government  having  done  so  much 
for  him  by  restoring  his  eye-sight,  he  did  not  want  to  draw  any 
further  rations  from  the  Government.  He  raised  seventeen  acres 
of  flax  and  five  acres  of  oats,  and  has  seven  horses  and  one  cow. 

The  following  data  will  show  the  industrial  conditions  of  other 
Indians  visited  by  me  in  my  trip  over  the  reservation: 


80 


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81 


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82 

The  following  named  were  among  the  Indians  who  called  on  me 
at  my  hotel  in  Poplar  on  November  17,  1914: 

Chester  Arthur,  Andrew  Broken, 

Charles  Thompson,  Nick  Hale, 

Paul  Hayne,  Peter  Dupree, 

James  Archdale,  Dan  Mitchell, 

Clifford  Red  Dog,  David  Johnson, 

William  Bruguier,  Clement  Harrison, 

Henry  Headdress,  Louie  Lavatta, 
John  Bruguier. 

They  opened  the  discussion  by  thanking  me  personally,  and  ex 
tending  through  me  to  the  Board  of  Indian  Commissioners,  their 
thanks,  for  the  assistance  rendered  by  us  in  securing  allotments 
to  more  than  200  new-born  children  on  the  Fort  Peck  Reservation. 

They  discussed  at  length  the  conditions  of  the  old  Indians  on 
the  reservation  who  were  unable  to  work,  and  requested  that  I 
recommend  to  the  Secretary  of  the  Interior  that  these  old  people 
be  permitted  to  sell  their  lands  and  to  use  the  proceeds  for  their 
comfort  in  their  old  age. 

As  to  the  dead  Indian  lands,  they  requested  that  a  special  ex 
aminer  be  sent  on  at  once  to  determine  heirs  in  order  that  these 
lands  might  also  be  thrown  upon  the  market. 

They  unanimously  requested  that  rations  for  the  old  and  wholly 
dependent  Indians  of  the  reservation  should  be  increased  to  at 
least  double  the  present  ration. 

They  requested  a  term  of  at  least  six  years  for  the  repayment 
of  the  reimbursable  funds  to  be  borrowed  by  them,  and  a  more  liberal 
policy  generally. 

They  expressed  themselves  as  being  in  favor  of  utilizing  their 
tribal  funds,  where  possible,  to  increase  the  live  stock  on  the  reser 
vation,  and  they  were  opposed  to  the  use  of  tribal  moneys  to  reim 
burse  the  Government  for  expenditures  for  irrigation. 

Peter  Dupree,  one  of  the  delegation  who  visited  me,  told  me 
that  he  had  received  a  patent  in  fee  for  a  part  of  his  lands,  and 
the  remaining  part  was  in  trust.  He  said  he  voted  at  the  last  election. 
He  asked  me  if  he  were  a  citizen  of  the  United  States  and  entitled 
to  vote.  I  told  him  that  I  was  unable  to  answer  his  question,  but 
advised  him  to  take  the  matter  up  with  the  Secretary  of  the  Interior 
at  any  time  that  his  right  to  vote  should  be  questioned. 

Two  classes  of  complaints  reached  me  with  such  frequency  and 


83 

emphasis  that  they  deserve  special  consideration:  One  relating  to 
the  control  of  the  liquor  traffic  on  the  reservation,  and  the  other  to 
live  stock  killed  by  the  railroad.  At  least  a  dozen  Indians  from 
various  parts  of  the  reservation  complained  that  the  railroad  com 
pany  is  not  paying  anywhere  near  the  full  value  of  stock  killed  on 
the  right  of  way.  Plenty  Holes  said  that  he  had  a  horse  worth 
$150  run  over  by  the  train  and  that  the  company  paid  him  only  $65. 
Martin  Mitchell  complained  that  one  cow  and  one  yearling  worth 
over  $100  were  run  over  by  the  train  and  that  the  railroad  company 
returned  him  only  $40.  Charlie  Afraid-of-His  Tracks  said  that  he 
had  had  one  cow  killed  in  similar  manner  worth  $60  and  that 
the  company  gave  him  only  $30.  They  said  that  the  company  would 
invariably  at  first  offer  to  settle  for  a  much  smaller  sum  and  that 
after  repeated  correspondence  and  long  delays  sometimes  extending 
over  a  year  the  company  would  finally  raise  the  amount  till  it 
would  equal  from  one-third  to  one-half  the  actual  value  of  the 
stock  killed.  One  Indian  suggested  that  the  railroad  company  be 
required  to  replace  the  cattle  killed  by  other  cattle  equally  good, 
as  there  was  no  hope  of  securing  the  full  value  of  the  stock  from 
the  company  owing  to  a  difference  of  opinion  as  to  values,  even  if 
the  company  were  disposed  to  settle  on  the  basis  of  full  value. 

I  learned  that  Mr.  Fatten,  the  agency  farmer,  supported  the 
views  expressed  by  the  Indians  in  his  district,  and  that  he  had 
had  similar  experience.  It  appears  to  be  the  practice  in  most  cases 
for  the  claim  agents  of  the  railroad  to  visit  the  reservation  and 
appraise  the  damage,  the  agency  farmer  or  some  other  employee 
accompanying  them.  I  was  informed  that  the  appraisal  of  the 
Government's  representative  is  usually  from  two  to  three  times  the 
amount  finally  paid. 

Superintendent  Lohmiller  and  Mr.  Patton,  the  agency  farmer, 
invited  my  attention  to  the  difficulties  met  by  them  in  securing 
conviction  in  the  cases  of  those  who  sold  or  gave  liquor  to  Indians, 
even  where  the  most  conclusive  evidence  is  obtained.  They  attri 
bute  the  main  cause  of  this  difficulty  to  the  long  delays  which  elapse 
between  the  securing  of  the  evidence,  the  bringing  of  the  case  before 
the  Grand  Jury,  and  the  final  trial.  They  say  that  when  the  case 
finally  comes  up  for  trial,  often  six  months  or  more  after  the  arrest 
and  indictment,  the  offender,  if  he  could  not  secure  bond,  will  nat 
urally  have  served  a  period  in  jail,  and  that  the  jury,  inevitably 
being  influenced  by  this  punishment,  does  not  convict.  So  frequent 
are  the  cases  where  the  trial  jury  acquits  the  offender,  it  is  diffi 
cult,  I  am  told,  to  keep  the  Indian  police  interested  in  following 


84 

up  and  arresting  offenders,  as  the  same  offenders  often  come  back 
and  hold  them  up  to  ridicule  for  making  arrests  which  will  not 
stick. 

Mr.  Patton  invited  attention  to  another  matter  in  this  connection 
worthy  of  consideration.  He  said  that  Indian  Service  officials  were 
often  embarrassed  in  making  search  for  liquor  because  they  had 
no  badges  to  wear  to  distinguish  and  identify  them  as  officials 
clothed  with  authority  in  the  premises.  He  said  it  was  often  em 
barrassing  for  him  to  stop  five  minutes  before  making  an  arrest 
to  explain  to  the  offender  that  he  had  the  authority  to  do  it,  when, 
if  he  had  a  badge  to  display,  no  questions  whatever  would  be 
asked.  He  recommended  that  badges  be  furnished  to  all  Indian 
Service  employees  who  were  expected  to  handle  this  class  of  cases 

General  Industrial  Policy  Needed. 

The  report  of  the  Commissioner  of  Indian  Affairs  for  June 
30,  1913,  shows  a  total  population  on  the  Fort  Peck  Indian  Reser 
vation  of  1,857  Indians.  Every  Indian  on  the  reservation,  man, 
woman  and  child,  has  received  an  allotment  of  320  acres  of  grazing 
land,  and  in  addition  heads  of  families  and  single  adults  over 
eighteen  years  of  age  have  received  not  less  than  %l/2  nor  more  than 
20  acres  of  timber  lands,  and  all  Indians  living  at  the  time  of  the 
beginning  of  the  work  of  allotment,  40  acres  of  irrigable  lands  in 
addition  to  the  grazing  and  timber  lands  aforesaid.  The  total  area 
of  the  reservation  is  774,967  acres.  It  is  apparent,  therefore,  that 
about  one-half  of  the  total  area  of  the  reservation  has  been  allotted 
to  Indians  and  that  the  remainder  will  eventually  be  thrown  open 
to  white  settlement.  Already  the  so-called  "dry"  farm  lands  have 
been  opened  to  entry  and  settlement,  and  up  to  November  17,  1914, 
the  date  of  my  visit,  there  had  been  received  by  the  local  land 
office  on  account  of  filing  on  such  lands  $47,868.31,  and  from  the 
sale  of  town  lots  on  the  reservation  $23,269.75,  making  a  total  of 
$71,138.06.  This  does  not  include  amounts  received  from  the 
sale  of  reservoir  sites,  station  grounds  and  a  gravel  pit  to  the 
railroad  company,  the  figures  for  which  are  not  at  hand.  As 
has  been  heretofore  said,  the  amount  invested  so  far  in  the  con 
struction  of  irrigation  projects  on  this  reservation  is  $431,027.39 
up  to  December  1  of  the  present  year.  Under  existing  law  all 
income  from  the  sale  of  surplus  lands  will  be  returned  to  the 
Government  as  reimbursement  for  the  cost  of  construction  of 
irrigation  ditches.  In  1912  the  receipts  from  the  grazing  leases  on 


85 

this  reservation  amounted  to  $21,203.20.  It  is  very  evident  that 
entry  of  the  surplus  lands  by  the  white  settlers  will  soon  make 
further  leasing  of  the  tribal  lands  impracticable  and  this  source 
of  income,  a  large  part  of  which  the  last  few  years  has  been  used 
to  break  new  lands  on  the  reservation,  will  be  removed.  Likewise 
the  coming  of  white  settlers  will  interfere  with  the  open  range  on 
the  reservation  which  heretofore  has  been  available  for  the  Indian 
cattle  and  horses.  Already  the  fencing  of  Indian  allotments  and 
the  introduction  of  the  cattle  of  white  men  on  the  reservation  have 
begun  to  interfere  with  the  free  and  easy  methods  under  which 
the  Indian  stock  owners  have  turned  their  cattle  loose  on  the 
reservation  to  wander  where  they  would.  The  immediate  future 
will  bring  to  these  Indians  the  necessity  of  fencing  their  agricultural 
lands  to  keep  live  stock  from  their  growing  crops,  and  at  the  same 
time  of  fencing  their  grazing  lands  and  providing  water  thereon 
to  take  care  of  their  individual  herds,  and  of  raising  tame  hay  on 
their  agricultural  lands  for  winter  forage.  In  order  to  accomplish 
this  with  the  least  possible  expense,  allotments  of  members  of 
the  same  family,  or  even  of  groups  of  families  should  be  grouped 
together  in  single  large  pastures  wherever  possible.  At  the  same 
time,  irrigation  will  be  found  necessary  for  both  the  class  of  In 
dians  who  confine  themselves  to  strictly  agricultural  pursuits  and 
those  who  devote  all  or  part  of  their  energies  to  the  raising  of  live 
stock  on  their  allotments.  The  fact  that  few  of  these  Indians  have 
had  sufficient  experience  in  intensive  agriculture  to  enable  them 
to  make  a  sure  living  alone  from  irrigated  agricultural  land  con 
stitutes  a  very  strong  reason  for  encouraging  all  of  them  to  engage 
to  a  limited  extent  at  least  in  raising  live  stock. 

I  believe  that  the  only  Indians  on  this  reservation  in  the  future 
who  will  succeed  under  the  new  conditions  which  will  surround 
them  will  be  those  who  at  a  very  early  date  make  a  beginning  in 
raising  live  stock  in  connection  with  irrigation  on  their  irrigable 
allotments.  If  this  view  is  correct,  then  the  Government's  chief 
business  from  this  time  on  is  to  encourage  among  the  Indians  the 
above  policy  and  to  help  them  by  advice,  and  legislation  where  nec 
essary,  to  activity  along  these  lines.  Only  a  comparative  few 
among  the  Indians  now  have  any  substantial  start  in  cattle.  On 
the  entire  reservation  there  is  one  head  per  capita.  Only  a  com 
parative  few  of  them  have  surplus  lands  or  interest  in  inherited 
lands  which  can  be  sold  at  any  reasonably  early  date  from  which 
funds  can  be  secured  to  invest  in  cattle.  The  income  of  the  tribe 


86 

from  grazing  leases,  as  I  said,  will  no  longer  be  available  for  use 
in  this  direction.  The  reimbursable  loan  fund,  for  the  most  part, 
will  be  insufficient  for  some  time  to  enable  individuals  to  make 
any  considerable  beginning,  as  most  of  them  will  need  the  $600 
which  they  are  permitted  to  borrow  for  the  purchase  of  farming 
equipment  or  the  fences  necessary  before  they  can  undertake  a 
small  live  stock  enterprise  on  a  successful  basis. 

The  only  other  source  of  income  for  this  purpose  is  the  pro 
ceeds  from  the  sale  of  surplus  lands.  For  several  years  to  come 
this  income  will  be  consumed  to  reimburse  the  appropriation  of 
Congress  for  irrigation  unless  existing  law  is  changed.  If  the 
Board's  recommendation  of  a  change  in  the  method  of  charging 
the  cost  of  irrigation  on  this  reservation  is  enacted  into  law,  then 
the  present  fund  of  some  $70,000  from  the  sale  of  surplus  lands 
and  subsequent  income  from  the  same  source  will  be  available 
for  the  purchase  and  loan  of  cattle  to  those  Indians  who  are  pre 
pared  by  experience  and  otherwise  to  take  care  of  them  on  their 
allotments.  And  since  I  am  convinced  that  the  raising  of  live 
stock  on  this  reservation  is  the  real  keynote  to  the  future  advance 
ment  of  a  majority  of  these  Indians,  I  believe  that  the  Board  should 
make  every  possible  effort  to  have  its  recommendation  as  to  irri 
gation  on  this  reservation,  as  well  as  on  other  reservations,  enacted 
into  law  at  the  earliest  possible  date.  If  the  land  funds  are  thus 
released  for  use  in  the  purchase  of  cattle,  it  is  of  the  utmost  im 
portance  that  provision  should  be  made,  not  only  for  the  ultimate 
return  to  the  tribal  funds  of  the  money  so  used,  but  the  Indians 
receiving  the  cattle  should  not  be  permitted  to  kill  or  to  sell  any 
of  them  whatever  without  a  permit  from  a  representative  of  the 
Government,  thus  guaranteeing  the  Government  against  the  dissi 
pation  of  the  cattle  purchased,  a  thing  which  has  so  frequently 
characterized  the  issue  of  cattle  by  the  Government  to  Indians 
in  the  past.  To  insure  this  result  all  the  cattle  purchased  from 
this  fund  and  issued  to  Indians  should  be  issued  under  regulations 
similar  to  those  prepared  by  the  Superintendent  of  the  Fort  Peck 
Reservation  in  connection  with  a  recent  issue  of  a  small  number 
of  heifers  and  bulls  to  his  Indians,  which  provided  that  the  Indians 
should  not  "sell,  trade,  give  or  kill  or  otherwise  dispose  of  said 
animal  without  first  receiving  a  written  permit  from  the  Super 
intendent  of  the  Fort  Peck  Agency,"  and  also  "in  the  event  of 
failure  to  properly  look  after  and  provide  feed  for  the  animal,  it 
shall  be  re-issued  to  some  other,  deserving  Indian." 

If  the  land  funds,  as  suggested,  can  be  used  in  this  manner,  and 


87 

if  the  work  ,of  irrigation  construction  on  this  reservation  is  pro 
gressively  continued,  there  will  be  sufficient  capital  as  well  as  a 
sufficient  market  for  Indian  labor  provided  to  meet  all  the  needs 
of  these  Indians  without  the  use  of  very  considerable  amounts  from 
any  appropriations  of  Congress  for  industrial  purposes. 

The  Proposed  Missouri  River  Gravity  Canal. 

The  Fort  Peck  Reservation  is  bounded  on  the  south  by  the 
Missouri  River,  a  few  miles  north  of  which  runs  the  Great  North 
ern  Railroad,  the  full  length  of  the  reservation.  Between  the 
railroad  and  the  Missouri  River  are  approximately  three-fourths 
of  the  irrigable  allotments  of  the  Fort  Peck  Indians.  It  has  been 
proposed  for  several  years  to  construct  an  irrigation  ditch  taking 
water  from  the  Missouri  River  just  west  of  the  reservation,  which 
would  furnish  water  to  practically  all  these  allotments  at  an  esti 
mated  cost  of  between  $;30  and  $40  an  acre  when  completed.  The 
accessibility  of  these  lands  to  the  railroad  and  their  great  fertility 
are  strong  arguments  per  se  in  favor  of  an  early  completion  of 
the  proposed  canal.  Objection  has  been  raised  against  the  com 
pletion  of  this  proposed  canal  by  some  of  the  Indians  because 
under  existing  law  the  proceeds  from  the  sale  of  surplus  lands 
on  the  reservation  would  be  used  to  pay  for  the  construction.  Other 
objections  have  been  raised  on  the  ground  that  only  comparatively 
few  of  the  Indians  would  be  able  to  make  beneficial  use  of  their 
lands,  and  consequently  that  the  cost  of  maintenance  of  so  large 
and  expensive  a  system  would  be  out  of  proportion  to  the  benefits 
enjoyed.  The  legislation  recommended  by  the  Board,  which  pro 
vides  for  taxing  the  cost  of  irrigation  against  the  lands  of  the 
individual  benefited,  would  remove  the  first  objection  of  the  Indians, 
and  in  a  large  measure  would  remove  the  second  objection  by 
making  available  for  the  benefit  of  the  Indians  their  shares  in  the 
proceeds  of  the  sale  of  the  surplus  unallotted  land.  To  further 
meet  the  second  objection,  which  is  worthy  of  careful  considera 
tion,  it  is  my  conviction  that  when  the  proposed  project  is  con 
structed,  instead  of  building  the  whole  project  at  once,  including 
the  main  canal  and  all  of  the  laterals,  as  has  been  done  in  most 
of  the  Indian  irrigation  projects  in  the  past,  wasting  money  on 
ditches  and  laterals  that  might  not  be  used  for  years  and  are  a  con 
stant  source  of  expense,  the  necessary  main  canal  should  be  com 
pleted  and  only  laterals  and  ditches  constructed  where  the  Indians 


88 

were  ready  for  and  desired  water.  To  make  this  suggestion  still 
more  practical  an  effort  should  be  made  to  bring  Indians  who  are 
equipped  and  ready  to  irrigate  their  lands,  by  exchange  of  allot 
ments  and  otherwise,  within  the  same  irrigation  unit  or  district. 
By  following  this  plan,  economical  construction  would  be  possible, 
and  the  benefits  of  irrigation  would  be  brought  gradually  to  those 
prepared  for  them. 

There  is  another  strong  argument  in  favor  of  the  completion 
of  the  proposed  Missouri  River  gravity  canal.  These  lands  are 
nearly  all  excellent  hay  land,  and  considerable  wild  hay  is  now 
cut  from  them.  The  present  market  price  of  wild  hay  in  bale  on  this 
reservation  is  $12  per  ton.  By  irrigating  this  wild  land  once  a 
year  the  hay  product  could  undoubtedly  be  increased  at  least  one 
ton  per  acre,  which  would  more  than  return  the  cost  to  the  individual 
owner  of  his  share  of  maintenance.  A  very  large  percentage  of 
the  able-bodied  Indians  on  this  reservation  could  easily  be  induced 
to  irrigate  their  wild  land  as  many  of  them  now  cut  hay  from  it. 

Another  argument  in  favor  of  the  early  completion  of  the  pro 
posed  canal  is  the  fact  that  these  Indians  selected  their  allotments 
as  irrigable  allotments,  and  those  who  really  desire  and  need  the 
advantage  of  irrigation  are  entitled  to  the  benefits  assured  them 
when  their  allotments  were  made.  The  distribution  of  irrigable 
lands  on  the  Fort  Peck  Reservation  is  shown  in  the  following 
statement : 


89 


FORT  PECK  PROJECT. 


. 

~o 

MH 

Divisions. 

Area  in  allotme 

Irrigable  area 
allotments. 

Number  of  acr 
irrigated  on  all 
ments. 

Number  of  allc 
ments  irrigatec 
1913. 

S 

cfl 

o 

££ 

si 

Irrigable  area  i 
allotted  1913. 

Total  number  ( 
acres  irrigated 
1913. 

Poplar  River: 
"A"   Canal 

580 

580 

11,730 

9,620 

"B"    Canal 

2,560 

2,560 

170 

3 

3,640 

3,300 

170 

"C"    Canal    

5,330 

5,330 

60 

2 

5,270 

3,400 

60 

"D"   Canal 

3  130 

3  130 

870 

770 

2  330 

2  330 

180 

5 

600 

280 

180 

B.   Porcupine: 

4  120 

4  120 

2,370 

1,980 

B.   Porcupine: 

2  280 

2,280 

830 

830 

Big    Muddy 

12  930 

12,930 

6,860 

6,000 

Missouri  River: 

37  923 

37  923 

17,500 

15,400 

Total      

71  183 

71  183 

410 

10 

49,570 

41,580 

410 

NOTE. — Area   under   "B"    Canal,    2,560,    and    area   under    little    orcupine,    2,330    only, 
were  irrigable  from  completed  canals,  season  1913. 

Gross   area   of    Reservation 2,094,144 

Area    timbered    32,356 

Area    reserved     33,144* 

Area  appraised  as  agricultural,   unallotted 486,668 

Area    appraised    as    grazing,    unallotted 737,182 

Area    appraised   as    mineral,    unallotted 119,559 

Number    of   grazing    allotments 1,991 

Number    irrigable    allotments 1,780 

Number    of    timber    allotments 798 

'Includes  reservoir  sites,  townsites,  camp  sites,  coal. 

Methods  of  Handling  Indian  Money  and  Property. 

There  appears  to  be  justice  in  the  complaint  of  some  of  the 
Indians  to  me  that  Indian  moneys,  proceeds  from  grazing,  which 
are  designated  by  the  Indian  Office  as  "Indian  Moneys,  Proceeds 
of  Labor,"  are  used  by  the  Government  for  various  administrative 
purposes  without  consulting  the  Indians  and  without  returning  the 
same  to  the  tribe,  while  individual  Indians  who  have  the  use  of 
some  of  the  funds  for  breaking  up  their  lands  are  required  to 
return  the  same. 

From  the  records  of  the  Fort  Peck  Agency,  it  appears  that  plow 
ing  agreements  to  break  lands  for  the  Indians  total  approximately 
$11,700,  which  has  to  be  returned  by  the  Indians,  one-third  each 
year.  Since  the  reservation  has  been  thrown  open  to  settlement 
this  fund  cannot  be  increased  from  that  source.  It  has  been  the 
practice  to  use  this  fund  for  settling  the  claims  of  reservation  In 
dians  where  their  horses  have  been  killed  for  dourine  and  also  for 
repairs  to  reservation  buildings  and  also  for  repairing  machinery 


90 

and  implements,  the  Indian  Office  holding  that  the  fund  is  avail 
able  for  the  same  purposes  as  "Support  of  Indians,  Fort  Peck 
Agency,  Mont.,"  which  is  an  appropriation  made  by  Congress. 
In  addition  to  the  items  mentioned,  this  fund  is  used  also  to  pay 
salary  of  lease  clerk,  and  the  Indians  complain  that  it  has  been 
used  to  pay  for  an  automobile  for  the  Superintendent.  I  did  not 
inquire  whether  this  latter  statement  is  true  or  not.  Under  the 
present  law  and  practice  it  would  be  permissible.  To  show  exactly 
the  disposition  of  this  particular  fund  for  1915,  the  following 
statements  are  included: 

"INDIAN  MONEYS,   PROCEEDS  OF  LABOR,"  FORT   PECK 

INDIANS,  FORT  PECK  AGENCY,  POPLAR, 

MONT.,  NOV.  17,  1914. 

Apportionment    Sheet    received    September   26,    1914,    in    reply   to    Estimate 
made  as  per  Circular  No.  880: 

Available    $2,150.16 

APPORTIONED  : 

Salary  of   lease  clerk $1,200.00  per  annum 

Annual    Estimate    itemp 880.00 

Binder  repairs   61.95 

Thresher    144.25 

Payment,    horse    killed,    account    dourine 100.00 

A-72905 
$2,394.20 

Apparent  excess  to  be  provided  from  savings  otherwise  to  be  charged  to 
"Support  of  Indians  of  Fort  Peck  Agency,  Mont.,  1915." 

Amount    apportioned $2,394.20 

Amounts  authorized  for  fiscal  year  1915  prior  to  the  receipt 
of  apportionment  sheets : 

60538 — 7-13-14,  Gasoline    for  gasoline   plowing   outfit 250.00 

83176—8-  7-14,  Gasoline    for   gasoline   plowing  outfit 500.00 

60431  { 8-18-14,  Approved    vouchers    for    purchases,    sup- 

j  plies,  and  for  machinery  repairs 94.59 

60432  (  8-18-14,  Approved  vouchers  for  traveling  expenses 

j                    for  employees 76.97 

61921 — 9-26-14,  Rental  phone  sub-agency,  fiscal  year  1915  18.00 
60537 — 6-16-14,  Irregular   labor    for   plowing   outfits,    for 

fiscal  year  1915 850.00 


$1,789.56 


Grand  total    $4,183.76 

There  is  no  doubt  in  my  mind  about  the  correctness  of  the  policy 
of  using  this  class  of  Indian  moneys  to  loan  to  deserving  Indians 


91 

for  the  breaking  up  of  ground  or  the  purchase  of  cattle,  the  same 
to  be  repaid  to  the  tribe,  nor  is  there  any  question  about  the  wisdom 
of  using  the  funds  for  improvements  that  can  practically  benefit  the 
tribe  as  a  whole ;  but  there  is  certainly  an  inconsistency  and  an 
injustice  in  the  Government's  using  this  fund  for  administrative 
expenses,  unless  it  first  secures  the  consent  and  approval  of,  or  at 
least  advises  with,  the  business  committee  of  the  tribe  concerning 
the  same ;  and  I  believe  the  policy  should  be  stopped  on  this  reser 
vation,  and  on  every  other  reservation,  of  using  this  class  of  Indian 
funds  for  any  purpose  whatever  without  consulting  the  Indians. 

Rather  than  use  this  fund  for  administrative  purposes,  it  would 
be  much  more  appropriate  to  use  it,  with  the  consent  of  the  Indians, 
which  I  am  sure  would  be  easily  obtained,  in  the  purchase  of  pro 
visions  and  rations  for  the  old  Indians  who  are  now  receiving  a 
meagre  and  insufficient  ration  out  of  the  general  appropriation 
annually  provided  by  Congress. 

Another  improvement  which,  I  think,  could  be  made  on  this 
reservation  is  in  the  method  of  supervising  live  stock.  I  do  not 
know  of  a  reservation  where  a  more  strict  supervision  is  enforced 
than  on  this  one,  so  that  the  criticism  made  here  is  to  the  system 
and  not  to  the  administration,  and  would  doubtless  apply  very 
much  more  forcibly  on  many  other  reservations.  At  present  Indians 
are  required  to  secure  a  permit  before  they  can  sell  live  stock.  This 
permit  is  in  triplicate,  one  copy  is  kept  by  the  Indian,  one  by  the 
Superintendent,  and  one  by  the  permittee  who  buys  the  cattle.  This 
permit  states  the  names  of  the  Indian,  the  number  and  kind  of  cattle 
and  the  brand,  and  permits  the  Indian  to  collect  the  proceeds  of 
the  sale.  These  permits  are  not  issued  by  the  Superintendent  with 
out  the  O.  K.  of  the  district  farmer,  but  the  Superintendent  has  no 
record  showing  the  number  of  cattle  owned  by  the  individual  In 
dian,  their  age,  sex,  etc.,  and  is  therefore  in  the  dark  to  a  certain 
extent  when  he  signs  the  permit.  Besides,  no  method  is  provided 
in  this  system  for  requiring  the  Indian  who  has  only  a  few  head 
of  cattle,  to  purchase  other  and  younger  stock  to  replace  those  sold. 
For  instance,  while  the  Superintendent  now  does  not  permit  an 
Indian  to  sell  a  heifer  or  young  cow  or  an  immature  steer,  yet  his 
permit  invariably  allows  the  Indian  to  dispose  of  the  proceeds  of 
all  cattle  sold  as  he  sees  fit,  which  means  that  in  nine  cases  out 
of  ten  the  Indian  does  not  purchase  a  heifer  to  replace  a  steer 
or  old  cow  that  is  disposed  of  by  him,  and  the  result  is  that  the 
number  of  cattle  on  the  reservation  is  not  increasing,  and  the  sys 
tem  falls  down  right  where  it  ought  to  be  effective.  To  remedy 


92 

this  situation  I  recommend  that  the  Superintendent  be  authorized  in 
his  discretion  to  require  the  purchase  by  the  Indians  of  heifers 
to  replace  other  cattle  sold  by  them  as  a  condition  to  granting  the 
permit.  He  should  also  have  a  record  in  his  office  of  every  in 
dividual  Indian  who  has  stock,  with  the  age  and  sex  of  the  stock 
owned,  and  he  should  require  the  purchase  of  a  heifer  to  replace 
every  head  of  cattle  sold,  until  the  Indian  acquires  a  herd  suf 
ficiently  large  for  the  economic  needs  of  the  particular  Indian. 

Rations. 

The  value  of  rations  issued  to  a  total  of  328  Indians  on  the  Fort 
Peck  Reservation  for  1913  was  $10,044.  A  complaint  of  the  In 
dians,  which  was  concurred  in  by  the  Government's  representatives 
who  accompanied  me,  that  the  ration  provided  for  these  Indians 
is  insufficient,  is  borne  out  by  the  following  record  of  an  issue  made 
to  71  Indians  at  Wolf  Point  just  previous  to  my  visit,  these  rations 
to  cover  a  period  of  two  weeks : 

Ibs.  per  capita. 

Bacon    100  1.41 

Beans    30  .422 

Beef   1,001  14.1 

Flour    500  7.05 

Rice    50  .705 

Sugar    75  1.055 

There  is  not  the  slightest  question  but  that  authority  should  be 
given  to  the  Superintendent  to  furnish  a  ration  at  least  twice  this 
size  to  Indians  who  are  solely  dependent,  giving  him  at  the  same 
time  discretion  to  handle  the  whole  matter  in  accordance  with  local 
conditions  and  necessities.  For  instance,  where  there  is  danger 
that  the  young  and  able-bodied  Indians  may  visit  the  old  Indians 
after  ration  day  and  eat  up  their  ration,  the  Superintendent  should 
have  authority  to  bring  these  old  Indians  to  some  place  under  the 
supervision  of  some  Government  employee  who  might  distribute 
a  daily  ration  or  take  steps  necessary  to  keep  undesirable  visitors 
away.  While,  in  the  case  of  those  only  partially  dependent  upon  the 
Government,  the  Superintendent  should  be  permitted  to  contribute 
in  addition  to  their  means  of  self-support,  an  amount  sufficient  to 
guarantee  against  suffering. 


93 
Summary  of  Recommendations. 

The   following  summary  of   the  above  recommendations   is   re 
spectfully  submitted: 

1.  Legislation  should  be  enacted  in  accordance  with  the  former 
recommendations  of  the  Board  of  Indian  Commissioners  providing 
for  the  reimbursement  to  the  Government  of  the  cost  of  irrigation 
from  the  lands  benefited  instead  of  from  tribal  funds. 

2.  The  Missouri  River  gravity  canal  should  be  constructed  at 
an  early  date,  construction  to  proceed  on  the  basis  of  the  prepared 
ness  of  the  Indians  to  make  proper  use  of  the  benefits. 

3.  Irrigation  of  Indian  lands  and  the  raising  of  cattle  and  horses 
by  individual  Indians  should  be  given  special  attention  and  funds 
received  from  the  sale  of  the  surplus  tribal  lands  should  be  loaned 
to  individual   Indians  under  proper  regulations   for  that  purpose. 

4.  Changes  should  be  made  in  the  present  permits  for  the  sale 
of  live  stock  which  will  guarantee  the  upbuilding  of  Indian  herds. 

5.  In  the  use  of  tribal  Indian  moneys  for  the  benefit  of  individual 
Indians   or   for   administrative   purposes,   the   business   council   of 
the  Indians  should  be  first  consulted. 

6.  A  larger  ration  should  be  provided  for  dependent  Indians  and 
a  more  flexible  system  of  distributing  rations. 

7.  Heirs  of  deceased  allottees  should  be  determined  promptly. 

8.  The  liquor  laws  should  be  amended  so  as  to  avoid  the  present 
disastrous  results  in  attempts  to  bring  offenders  to  justice.     This 
can  be  done  by  reducing  the  penalty  now  provided  by  the  United 
States  statutes,  so  that  trials  may  be  had  on  information  before 
the  United  States  Commissioner,  and  in  this  connection  it  would 
be  advisable  to  confer  upon  the  Indian  Superintendent  the  authority 
of  a  United  States  Commissioner  in  the  trial  of  all  liquor  cases. 
Representatives  of  the  Indian  Bureau  who  are  given  authority  to 
make  arrests  under  the  Indian  liquor  laws  should  be  provided  with 
badges  indicating  their  power  and  authority. 

Respectfully  submitted, 

F.  H.  ABBOTT, 

Secretary. 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 
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